The IFundWomen X Neutrogena® FUND Terms and Conditions

THE IFUNDWOMEN x NEUTROGENA FUND (the “Program” or “Contest”) is administered by IFundWomen (“Sponsor/Administrator” of “IFW”) and supported by Neutrogena (the “Supporter”). Applicants may apply to receive a grant as part of the Program beginning at 12:00 am Eastern Time (“ET”) on March 29, 2021 and ending at 11:59 pm ET on April 26, 2021 (“Application Period”). The Program is void in PR, Guam and where prohibited or restricted by law, is subject to applicable federal, state, and local statutes, rules, regulations, and other laws (each a “Law”) and is governed by these Application Terms.

By submitting an application into the Program, each Applicant (as defined below) unconditionally accepts and agrees to comply with and abide by these Application Terms and by the decisions of Administrator, which shall be final and binding on all matters pertaining to the Program. By submitting an application into the Program, each Applicant also agrees to comply with any and all applicable Laws in connection with his or her participation in the Program. 

The Program is open to women-owned businesses that have been established, and are operated in the U.S., that manufacture with a product or offer a service in the health and/or wellness category (“Applicant”). Individual entering on behalf of Applicant must be a U.S. resident, 18 years of age or age of majority in their jurisdiction, whichever is older, and be an authorized representative of Applicant who is able to agree to and make all necessary representations required of Applicants set forth herein. 

1. Must have a compelling digital presence and visual media
2. Business must be solving a wellness-oriented problem in an impactful way
3. Must demonstrate potential for growth

Residents of Puerto Rico and Guam are not permitted to enter or win. Sponsor, Supporter, and respective parents, affiliates, subsidiaries and advertising and promotion agencies, any other company or organization involved with the design, sponsorship, or operation of the Program (collectively, the “Sponsor Parties”), and immediate family and household members of such individuals, are NOT eligible. "Immediate family members" shall mean a person’s spouse and a person’s and their spouse’s parents, stepparents, legal guardians, children, stepchildren, siblings, and stepsiblings, and each of their respective spouses. "Household members" shall mean those people who share the same residence, whether or not related. The Program is void in Puerto Rico, Guam, and all other U.S. territories and possessions and where prohibited or restricted by law.

During the Application Period, to apply for the Program, visit https://ifundwomen.com/Neutrogena (“Program Site”) and follow the directions provided to complete and submit the “Program Application Form” in its entirety (“Application”). Only one (1) Application per Applicant is permitted. All Applications must be received by the end of the Application Period. Applications will not be acknowledged or returned. Proof of transmission of an Application does not constitute proof that it was received. Incomplete, unreadable, late, or unintelligible Applications are void and will be disqualified.

Each Application must comply with the following:

• It must be entirely the original work of the Applicant.
• It must not contain any individual’s photograph, likeness, name, voice, or other element of persona and identity unless the Applicant has obtained in a form acceptable to Sponsor/Administrator all releases and consents from such individual necessary to submit the Application in the Program, and to grant the rights in the Application as provided in these Application Terms.
• If a professional image or video is submitted, Applicant is responsible for securing usage rights from the photographer or videographer to reproduce, distribute, display, and create derivative works of the image by Sponsor/Administrator and Supporter, and their respective agents, in connection with the Program and promotion of the Program, in any media now or hereafter known.
• Media must be of high resolution and no more than 10MB per file. Photos must be provided in PNG or JPG format, in videos in MP3 format. 
• Application must not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other proprietary rights of any third party.
• All information provided in the Application must be true, accurate, and correct in all respects.
• Application must comply with these Application Terms and all applicable Laws.
• It must be suitable for publication to a general audience and must not contain anything that:

1. is illegal, abusive, tortious, defamatory, pornographic, sexually explicit, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
2. promotes discrimination based on race, ethnicity, nationality, religion, sex, sexual orientation, disability, or age;
3. promotes violence or unsafe or illegal activity;
4. is threatening, harassing, or degrading;
5. serves to impersonate any person or entity or misrepresent affiliation with any person or entity; or
6. disparages or injures the reputation or goodwill of the Sponsor, Administrator, the grant providers, or any of their respective officers, directors, employees, products, or services.

Applications that do not comply with these requirements (as determined by Sponsor/Administrator in its sole discretion) are void and will be disqualified. Neither submission of an Application nor any other participation in the Program creates any confidential, fiduciary, agency, employment, or other relationship or contract between Sponsor/Administrator and any Applicant, and by submitting an Application each Applicant acknowledges that no such relationship or contract exists.

By entering the Program, each Applicant represents and warrants to Administrator/Sponsor that Applicant has complied with these Application Terms and all applicable Laws in entering and participating in the Program.

Sponsor/Administrator and Supporter will review all eligible Applications received to determine “Recipients: based on the following criteria: 

• Compelling Story of Entrepreneurship (20 points)
• Strength of business metrics (20 points)
• Compelling digital presence (20 points)
• Compelling Problem Business Is Solving (20 points)
• Quality of Written Materials and/or Visual Media (20 points)

Each of the Recipients will receive a $10,000 grant as outlined on the Program Site.  The awarding of a grant is not intended to, and shall not be deemed to, create any employment or similar contract or relationship between Sponsor/Administrator, Supporter and any Recipient. The value of each grant may be taxable to each Recipient as income. An IRS Form 1099 will be issued by the Sponsor/Administrator in the name of each Recipient for the value of the grant received. Each Recipient shall be solely responsible for all federal, state, and/or local taxes (including income, and withholding taxes), and the reporting consequences thereof, for any other fees or costs associated with the applicable grant, and for any other liabilities incurred in connection with the grant. 

Each potential Recipient will receive a notification from Sponsor/Administrator (a “Grant Notification”) sent to the email address provided by Recipient as part of the Application. Each potential Recipient will have five (5) working days to respond in writing to the Grant Notification, including providing any requisite information to accept their grants. Sponsor/Administrator shall have no liability for any Grant Notification that is lost, intercepted, or not received by a potential Recipient for any reason. In order to claim a grant, each potential Recipient may be required to verify for Sponsor/Administrator their permanent address and social security or taxpayer identification number, for purposes of compliance with tax regulations. Upon Sponsor’s/Administrator’s request, each potential Recipient must also execute and return, where legally permissible, a declaration of eligibility, a liability release, and/or a publicity release and license of rights. If a potential Recipient is found to be ineligible, has not complied with these Application Terms, or declines the grant for any reason prior to it being awarded, such potential Recipient will be disqualified and forfeits the grant. The distribution of the grant(s) will be at the sole determination of Sponsor/Administrator in accordance with these Application Terms.

By submitting an Application, each Applicant irrevocably grants Sponsor Parties and their respective designees the unconditional, irrevocable, and perpetual right and permission, royalty-free, to edit, modify, create derivatives works from, and otherwise use the Application and any other data, information, images, content, or materials included in such Application, including, but not limited to, Applicant’s name, logo, biographical data, and city and state/province of residence, in any media now known or hereafter devised, throughout the world for brand promotional purposes and related activities, without further consideration, permission or notification, unless prohibited by law. There is no obligation to make use of the rights granted here. Each Applicant waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the use of the Application or to exercise of any rights granted herein, and each Applicant agrees not to sue or assert any claim against the Sponsor Parties with respect to such use.

By submitting an Application in the Program, each Applicant agrees to release, hold harmless and indemnify the Sponsor Parties and each advertising or social media platform on which the Program is promoted (collectively, “Released Parties”) from and against, any and all claims, injuries, damages, liabilities, costs, expenses, or losses of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from:

1. participation in the Program;
2. any breach or other violation by such Applicant of these Application Terms, the Policies, or applicable Law;
3. the acceptance, receipt, possession and/or use or misuse of any grant (or any portion of any grant);
4. any incorrect, incomplete, garbled, or inaccurate information, or any failure to capture any information, whether caused by Applicant, printing errors, human error, or by any of the equipment or programming associated with or utilized in the Program;
5. any damage to an Applicant’s equipment (such as a computer system or mobile device) which is occasioned by accessing the Program Site or participating in the Program;
6. miscommunications, or any failed, jumbled, delayed, or misdirected computer, telephone, cable, or other transmissions (including, without limitation, transmissions by email, social media (such as a private or direct messages, check-ins, tweets, and posts), and instant message);
7. for any technical malfunctions, failures, delays, difficulties, or other errors of any kind or nature;
8. any Application, email, grant package, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged;
9. any failure of any postal or delivery service;
10. any use of the Applicant’s personal information and Applications as permitted under these Application Terms; or
11. any other events beyond Released Parties’ reasonable control.

RELEASED PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, ANY GRANT, OR THESE APPLICATION TERMS, HOWSOEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER SUCH RELEASED  PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. ALL GRANTS ARE GIVEN AWAY “AS IS.” THE RELEASED PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE CHALLENGE OR ANY GRANT.

Sponsor/Administrator reserves the right in its sole discretion to disqualify any Applicant who Sponsor/Administrator finds, in its sole discretion, to be tampering with the participation process or the operation of the Program or the Program Site, to be acting in violation of these Application Terms, to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Program, or to annoy, abuse, threaten or harass any other person, and Sponsor/Administrator reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by Law.

1. participation in the Contest;
2. any breach or other violation by such entrant of these Official Rules, the Policies, or applicable Law;
3. the acceptance, receipt, possession and/or use or misuse of any prize (or any portion of any prize);
4. any incorrect, incomplete, garbled, or inaccurate information, or any failure to capture any information, whether caused by entrant, printing errors, human error, or by any of the equipment or programming associated with or utilized in the Contest;
5. any damage to an entrant’s equipment (such as a computer system or mobile device) which is occasioned by accessing the Contest Site or participating in the Contest;
6. miscommunications, or any failed, jumbled, delayed, or misdirected computer, telephone, cable, or other transmissions (including, without limitation, transmissions by email, social media (such as a private or direct messages, check-ins, tweets, and posts), and instant message);
7. for any technical malfunctions, failures, delays, difficulties, or other errors of any kind or nature;
8. any Entry, email, prize package, or other material or correspondence that has been tampered with or that is stolen, misdirected, incomplete, lost, late, non-conforming, ineligible, or damaged;
9. any failure of any postal or delivery service;
10. any use of the entrant’s personal information and Entries as permitted under these Official Rules; or
11. any other events beyond Administrator or Sponsor’s reasonable control.

Sponsor/Administrator shall have the right to modify, suspend, or terminate the Program, at its sole discretion, at any time for any reason, including without limitation as a result of natural disaster, equipment failure, epidemic, pandemic, civil disturbance, fraud, financial, or administrative difficulties, technical problems (such as a computer virus/ bug), unauthorized intervention that corrupts the administration, security, fairness, integrity or proper functioning of the Program, or other causes not within the control of the Sponsor/Administrator. In addition, if, in the exclusive judgment of Sponsor/Administrator, the Program (or any portion thereof) becomes compromised in any way, Sponsor/Administrator reserves the right, at its sole discretion, to cancel the Program, to void any Applications submitted fraudulently, and/or to select Recipients from among all non-suspect eligible Applications received prior to the act that compromised the Program or as otherwise deemed fair and appropriate by Sponsor/Administrator. Should the Program ever be terminated prior to the Recipient selection, Sponsor/Administrator will post a notice on the Program Site and will make alternate arrangements to award the grants as set forth herein. Sponsor/Administrator reserves the right to make changes in these Application Terms and repost on the Program Site. Any such chang

The invalidity or unenforceability of any provision of these Application Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Application Terms shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s/Administrator's failure to enforce any term of these Application Terms shall not constitute a waiver of that provision.

Except where prohibited, each Applicant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with these Application Terms, this Program, or any grant shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts located in New Jersey and hereby waives any objection to such courts, whether on the basis of venue, personal jurisdiction, inconvenience of the form, or otherwise; (ii) any and all claims made by Applicant, and any and all judgments and awards in favor of Applicant, shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees; and (iii) under no circumstances will Applicant be permitted to obtain awards for, and Applicant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All disputes concerning the Program, the construction, validity, interpretation, and enforceability of these Application Terms, or the rights and obligations of each Applicant and Sponsor/Administrator in connection with these Application Terms or the Program shall be governed by, and construed in accordance with, the Laws of the State of New Jersey and applicable United States federal Law, without giving effect to any choice of law or conflict of law rules that would cause the application of the Laws of any other jurisdiction.

Nothing contained in these Application Terms or in any of the Program materials should be construed as an endorsement by Sponsor/Administrator of any third party, product, or service. Supporters are not administrators or sponsors of the Program.

Application submission is subject to the following privacy policy at https://ifundwomen.com/privacy

The Program may be advertised on or accessed through one or more social media platforms, such as Facebook or Twitter. However, the Program is in no way sponsored, endorsed, or administered by, or associated with, any such platforms. Applicants agree to comply with all terms and policies governing such platforms in connection with the Program.

IFundWomen, 41 Watchung Plaza #524, Montclair, NJ 07042.