Any reference herein to the “Cleveland Asian Festival” includes its officers, agents, affiliates, assigns, contractors, contributors, subsidiaries, licensors, distributors, fiscal agents, sponsors and volunteers (hereafter may be referred to as “CAF Entities”).  The Cleveland Asian Festival Executive Committee members are identified at www.ClevelandAsianFestival.org.

I. WHO CAN ENTER

1. Only one (1) entry per person/business/organization.
2. All entrants are required to read these Official Rules and to comply with all requirements set forth herein.
3. This competition is for new, independent, non-franchise, and non-food related  businesses in the start-up or early growth stage and without a brick and mortar presence in the metropolitan Cleveland, Ohio, region.  
4. Generally excluded are the following organizations and businesses:  restaurants, catering companies, expansions of existing businesses, real estate syndications, tax shelters, franchises, licensing agreements for distribution in a geographical area other than the metropolitan Cleveland, Ohio, region, political organizations, religious  organizations, sports teams, and organizations that discriminate by race, ethnicity, gender,  age, sexual orientation, marital status, national origin, or physical ability.  In addition, businesses and organizations that promote or incite violence, promote obscene materials, pornography, criminal enterprise, weapons, and pyrotechnics will be disqualified from this competition.
5. All proposed business for this competition must not violate any federal, state or local laws, including but not limited to copyright and trademark laws.

II. HOW TO ENTER

1. Completed and signed Application and Release Forms must be emailed to info@clevelandasianfestival.org no later than by 11:59 p.m. (Eastern Daylight Savings Time) on March 21, 2017.   No exceptions will be made.
2. No more than one (1) Entry may be submitted by any individual/business/organization.
3. No acknowledgements will be sent.  The Cleveland Asian Festival is not responsible for lost, damaged, or delayed entries.
4. There is no fee to enter this Competition.

III. SELECTION PROCESS AND DETAILS

1. The Cleveland Asian Festival Executive Committee reserves the exclusive right to
conduct this Competition in any manner they deem appropriate as well as the
exclusive right to select the winning entry at their sole discretion.

2. Up to two (2) entrants will be selected to participate in the 2017 Cleveland Asian Festival on May 20 and 21, 2017.  Additional details about the Cleveland Asian Festival can be found at www.ClevelandAsianFestival.org.  

3. The selected entrant(s) will each be provided with the following:
a. One (1) prime location booth space, with a 10x10 canopy tent, an 8 ft. table, 2 chairs, and access to one electrical outlet at the 2017 Cleveland Asian Festival;
b. One tent banner identifying the entrant’s business;
c. A half page ad in the 2017 Cleveland Asian Festival program booklet; and
d. Up to $1,000 reimbursement for business-related expenses resulting from the selected entrant’s booth at the 2017 Cleveland Asian Festival.  This amount will be reimbursement only after the selected entrant successfully completes the requirement contained herein at the 2017 Cleveland Asian Festival.

4. The selected entrant(s) will each be required to complete the following:
a. Submit a completed vendor application form for the 2017 Cleveland Asian Festival and comply with all rules and regulations contained therein;
b. Properly staff their booth for the entire duration of the 2017 Cleveland Asian Festival and with materials pre-approved by the 2017 Cleveland Asian Festival Executive Committee.
c. The selected entrant(s) are encouraged to promote their presence at the 2017 Cleveland Asian Festival and to cooperate with the requests of the Cleveland Asian Festival marketing committee.
d. The selected entrant must provide appropriate documentation, including a valid Ohio vendor’s license, a completed W-9 form and any other documents requested by the 2017 Cleveland Asian Festival Executive Committee.

IV. CONSENT, WAIVERS AND DISCLAIMERS

1  Each Entrant, through its duly authorized representative, consents on its behalf, including its members, volunteers, staff and employees, if applicable, to the Cleveland Asian Festival (“CAF”)’s use of its names and submissions on the Cleveland Asian Festival website and social media sites as well as to authorize the Cleveland Asian Festival to publicize, photograph, videotape, film and record (including but not limited to film, tape, or any other medium), its name, likeness, pop-up shop booth, appearance, interviews, statements, quotes related to their participation at the Cleveland Asian Festival and behind the scenes preparation.

The CAF Entities may also edit the same at its discretion and to include it with other sights, sounds, performances, organizations, and people as well as sound effects, special effects, digital effects and music.  CAF may incorporate the same into the picture, trailers, posters or other materials or programs related to the Cleveland Asian Festival; to use and to license others to use such records and photographs in any manner or media whatsoever, including without limitation unrestricted use for purposes of publicity, advertising and sales promotion; and to use its names, likeness, voice, biography and other information in connection with the Cleveland Asian Festival and for any other purpose associated with said festival.  The Cleveland Asian Festival is not responsible for any unauthorized duplication, distribution and/or use by third parties.

2. Except where prohibited by law, entry into the contest constitutes permission to use selected entrant’s and/or entrants’ names, cities, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.

3.  The Cleveland Asian Festival does not provide any endorsements, legal or financial advice, analysis or business recommendations.

4. Representations and Warranties
By participating in the CAF Pop-Up Shop Competition, the Entrant warrants and represents in connection with the Entry submitted as part of his/her participation in the Contest: (a) he/she is the sole and exclusive owner of (and free of any adverse claim by any person, firm, or corporation) all intellectual property rights in and to the Entry;  (b) the use of the Entry as described in these Official Contest Rules will not infringe the proprietary rights, including without limitation the intellectual property rights, of any third party; (c) the Entry is not obscene or libelous, and does not violate any rights of any third party, including but not limited to rights of privacy or publicity; (d) the Entry does not contain any virus, spyware, malware, trap door, worm, or any other device, mechanism or code that is injurious or damaging to software or hardware used in conjunction with the Entry; (e) the Entry and its use as described in these Official Competition Rules will not violate any federal, provincial, state or local laws or ordinances; (f) no employer or educational or other establishment has any rights in the Entry; (g) the Entry is consistent with these Official Competition Rules; and (h) he/she has the right to grant the license to the Cleveland Asian Festival as required in these Official Competition Rules.

5. Severability
When any provision of these Official Competition Rules is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the Court should
endeavor to give effect to the intentions of the parties as reflected in the provision,
and that the other provisions of these Official Competition Rules remain in full force and effect.

6. Indemnity; Disclaimer of Warranties; Limitation of Liability
By participating in this Competition, the Entrant agrees to be bound by these Official Competition Rules, including all eligibility requirements and all decisions of the Cleveland Asian Festival. By participating in this Competition, the Entrant agrees to indemnify, defend, and hold harmless the Cleveland Asian Festival and its officers, agents, affiliates, contractors, contributors, subsidiaries, licensors, distributors, fiscal agents, sponsors and volunteers (hereafter may be referred to as “CAF Entities”) from any and all liability, claims, or actions of any kind, including, without limitation, property damage, personal injury, and/or death, arising out of his/her (i) breach of any representation, warranty or covenant contained in these Official Competition Rules; or (ii) participation in this Competition; (iii) acceptance and/or use or misuse of any prize in connection with this Competition; or (iv) any third party claim relating to any rights in any design submitted.

7. BY PARTICIPATING IN THE COMPETITION, THE ENTRANT AGREES THAT THE CLEVELAND ASIAN FESTIVAL AND CAF ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE COMPETITION AND/OR THE PRIZE.

8. By participating in the Competition, the Entrant agrees that the Cleveland Asian Festival is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b) telephone, computer, or network malfunction or error; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention; or (d) damage caused by a computer virus or otherwise resulting to any computer from the submission of entries. If such malfunction, error, disruption, or damage occurs or impairs the administration, security, fairness, or integrity of the Competition, the Cleveland Asian Festival may, in its sole discretion, suspend, modify or terminate the Competition by posting a notice at www.ClevelandAsianFestival.org. If the Competition is terminated before the scheduled end of the Competition Period, the Cleveland Asian Festival may determine the winner from all eligible entries received as of the termination date. Persons found tampering with or abusing any aspect of the Competition, or whom the Cleveland Asian Festival believes to be causing or attempting or intending to cause any malfunction, error, disruption, or damage will be disqualified.

The Cleveland Asian Festival reserves the right to disqualify any unauthorized entries, including, without limitation, multiple entries from the same person, or any entries made through robotic, automatic, mechanical, programmed or similar multiple-entry, or entry duplication, method and to disqualify any person or entity using such a method.
 
9. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY PARTICIPATING IN THE COMPETITION, THE ENTRANT AGREES THAT IN NO EVENT WILL THE CLEVELAND ASIAN FESTIVAL OR ANY CAF ENTITY BE LIABLE TO ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL COMPETITION RULES, THE COMPETITION OR THE ENTRANT’S PARTICIPATION THEREIN, EVEN IF THE CLEVELAND ASIAN FESTIVAL OR A CAF ENTITY WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, BY PARTICIPATING IN THIS COMPETITION, THE ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE CLEVELAND ASIAN FESTIVAL OR ANY CAF ENTITY RELATING IN ANY MANNER TO THESE OFFICIAL COMPETITION RULES, THE COMPETITION OR THE ENTRANT’S PARTICIPATION THEREIN EXCEED $10.00. IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE COMPETITION, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE COMPETITION, OR ANY PRIZES AWARDED, SHALL
BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (II) ANY CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE COMPEITION, BUT IN NO EVENT ATTORNEY’S FEES.

10. Interpretation. In the case of any dispute about the interpretation of the Rules, the Cleveland Asian Festival Executive Committee’s decision as to the interpretation shall be final and Entrant shall be bound by the Cleveland Asian Festival Executive Committee’s decision.

11. Governing Law. The interpretation and enforcement of these Official Rules will be governed by the laws of the State of Ohio, USA. This Competition is subject to all applicable, as the case may be, national, federal, provincial, state and local laws. The Entrant and the Cleveland Asian Festival agree to the extent permitted by law to submit all disputes arising out of or relating to these Official Competition Rules or the Competition to, and hereby waive any objection to the exclusive jurisdiction and venue of, the state and federal courts located in Cleveland, Cuyahoga County, Ohio. Subject to the above, if necessary, any provision of these Official Competition Rules which is found to be invalid by a court of competent jurisdiction shall be deemed to be struck out from these Official Competition Rules.

12. Consideration
The Entrant agrees that the ability to participate in the Competition and to compete for the
opportunities offered in connection with the Competition constitute, where required, sufficient consideration for the Entrant’s obligations under these Official Competition Rule.

V. ACCEPTANCE

1. Entrants agree to be bound by these Official Competition Rules and by the decisions of the Cleveland Asian Festival’s Executive Committee which are final and binding in all
respects.

2. The Cleveland Asian Festival reserves the right to change these Official Competition Rules at any time, in its sole discretion, and to suspend or cancel the Competition or any entrant’s participation in the Competition should viruses, bugs, unauthorized human intervention or other causes beyond the Cleveland Asian Festival’s control affect the administration, security or proper play of the Competition or the Cleveland Asian Festival otherwise becomes (as determined in its sole discretion) incapable of running the Competition as planned.

3. Entrants who violate these Official Competition Rules, tamper with the operation of the
Competition or engage in any conduct that is detrimental or unfair to the Cleveland Asian
Festival, this Competition or any other entrant (in each case as determined in the Cleveland Asian Festival Executive Committee’s sole discretion) are subject to disqualification from entry into the Contest. The Cleveland Asian Festival reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Competition.

4. By signing this application form: the Entrant, by and through its duly authorized undersigned representative, and including the Entrant’s members, volunteers, staff and employees, if applicable, and the Entrant’s heirs, affiliated subsidiaries and parent organizations, administrators and executors (hereinafter collectively referred to as “the Entrant”), hereby waive, release, and forever discharge any and all rights, claims for damages, demands, or actions which the Entrant may have or may hereafter accrue to the Entrant against the Cleveland Asian Festival, its organizers, volunteers, independent contractors, sponsors and affiliated organizations, Asia Plaza, the City of Cleveland, St. Clair Superior Development Corporation, event sponsors, and all affiliate organizations and individuals of 2017 Cleveland Asian Festival for any and all property damage, illness, accident, injuries suffered, even death, by the Entrant in any manner related to the Cleveland Asian Festival, including but not limited to set-up, festival events, breakdown, clean-up, any services rendered, first aid, marketing and publicity of said festival.  The Entrant acknowledges and understands that the Entrant is responsible for complying with all federal, state and local laws and regulations including but not limited to tax, labor and workers compensation laws.