SPANX, INC. “LEG UP” PROGRAM
TERMS AND CONDITIONS
Download the Application
I. About the Leg Up Program
At Spanx, Inc. (“Spanx”) we believe that women with passion and the potential to succeed as entrepreneurs deserve a “Leg Up” in order to turn their ideas and small businesses into successful ventures. The Spanx Leg Up Program was established to raise awareness of entrepreneurship among women. This program aims to encourage and support women with dynamic businesses and entrepreneurial ideas in the United States. Spanx, a Georgia corporation with its principal place of business at 3344 Peachtree Road, Suite 1700, Atlanta, Georgia, United States, was founded by Sara Blakely.
II. Leg Up Program Benefits
From time to time Spanx accepts applications to consider endorsing a consumer product or service from one or more business(es). During the application period described below, the Spanx team will make the determination as to whether to make an endorsement. If selected, each entrepreneur and her product or service may be featured on the Spanx website (www.spanx.com), in the Spanx catalog and/or in other Spanx marketing materials as determined by Spanx, in Spanx's sole discretion.
No monetary awards or incentives are associated with the Leg Up Program. Spanx will determine the content and format of all endorsement materials. Spanx may terminate the Leg Up Program, with or without endorsing any product or service.
III. Selection Criteria
Subject to satisfaction of the Rules and Regulations noted below, Spanx’s selection criteria will include an evaluation of factors, including but not limited to, the consumer product or service, leadership of the founder/owner, growth potential of the product or service, and the originality of the product or service. Spanx may give such relative weights to these factors or any other factor as it deems fit.
IV. Selection Process
Each applicant must fill out the attached application form and provide the required supporting documents. Applications received after the deadline and/or incomplete applications will be not be considered for the Leg Up Program. In addition to information each applicant provides in the initial application, Spanx may conduct additional due diligence with respect to all applications, including but not limited to requests for financial information, requests for social security and/or tax ID numbers, background checks, and requests for other documentation Spanx deems relevant, in its sole discretion. Spanx will make all decisions regarding the Leg Up Program, which will be final and binding. Any change in the information on any application must be immediately reported to Spanx, and Spanx may take into account any information it deems appropriate regardless of the source. If selected and prior to receiving endorsement by Spanx, the selected applicant will be expected to agree, as a condition to receiving the program benefits, to be bound by the Terms and Conditions of the Leg Up Program, to provide social security and/or tax ID number, to give an affidavit of certain representations or facts, and to provide a full release of Spanx (collectively, “Leg Up Program Agreement”), which will be provided at the appropriate time. Spanx reserves the right to reject all applications and to decline to endorse any applicant’s product or service, in its sole discretion. Spanx reserves the right to consider prior applicants to the Leg Up Program, provided the applicant remains qualified under the Program Terms and Conditions.
SPANX WILL NOT RETURN ANY PRODUCTS, APPLICATIONS OR OTHER MATERIALS PROVIDED BY AN APPLICANT IN CONNECTION WITH THE LEG UP PROGRAM, WHICH WILL BECOME THE PROPERTY OF SPANX.
The submission of an application does not guarantee endorsement by Spanx.
V. Rules and Regulations
The following rules apply to all applicants:
- Term. To be considered for the Holiday 2014 Leg Up Program, applicants must submit their completed applications with all application materials between May 14th, 2014 and July 30th, 2014. Applications postmarked after this deadline will not be considered for the current Program. Winner(s) will be notified on or before November 12th, 2014 of the results of the Holiday Program. You may elect to be considered for future Leg Up Programs by checking the appropriate box on the Application.
- Ownership. To qualify for the Leg Up Program the applicant must be a female entrepreneur or a women-owned business that offers consumer products or services, with full control of the operations of the business. A women-owned business is any business in which more than 50% of the ownership is vested in a woman (or women) and in which a woman (or women) have full or majority control of the operations of the business.
The Leg Up Program is offered to entrepreneurs and businesses that are residents of the 50 United States and the District of Columbia. Entrepreneurs and business owners must be at least 13 years old as of the date of submission of the application. If a winner is not of the legal age of majority in the winner’s state of residence, a parent or legal guardian must execute all documents and fulfill all requirements imposed on the winner as set forth herein (both on behalf of the parent/guardian and the winning minor), and the prize may be awarded in the name of the parent or legal guardian. Void where prohibited by law.
Neither the applicant nor any shareholder, member, principal, partner, director, officer, employee or affiliate of applicant may be, and no member of the immediate family (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) or members of the household (whether related or not) of the applicant or any director, officer, employee or affiliate of applicant may be, an employee, director, agent, subsidiary or affiliate of Spanx.
- Products. In the case of businesses offering products, only consumer-focused products that are not currently competing with or intended to compete with Spanx, as determined by Spanx in its sole discretion, will be considered for participation in the Leg Up Program. Applicants must submit one product sample to be considered for the Leg Up Program. Product samples provided by applicants will not be returned by Spanx.
- References/Endorsements. Spanx requires two endorsements from clients/customers, business associates or affiliates as to the stability or growth of the business or the success of the products or services. Endorsement letters should highlight the product or service and not the individual owner. Please do not provide letters from friends or immediate family members of the founder(s). The endorser must be independent and have a business or professional relationship with the applicant(s).
- Proprietary Information. Applicants should not attach or include any intellectual property, proprietary information, and/or trade secrets to or with the application. Spanx will honor the legitimate patent, copyright, and trademark rights of applicants, but Spanx is not agreeing or under any obligation to keep information confidential and does not assume any responsibility for the protection, disclosure or use of any proprietary information. If a product or service is still in the idea stage or prototype stage, the entrepreneur or business should not apply to the Leg Up Program.
- License. Where permitted by law, if selected for the Leg Up Program, the applicant will grant, pursuant to the terms more specifically set forth in the Leg Up Program Agreement, to Spanx and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, the applicant’s or its founder's name, photograph, and biographical information, as well as applicant’s primary trademark or service mark as news or information and for advertising and promotional purposes without additional consideration.
None of Spanx and its officers, shareholders, directors, agents, employees, representatives, contractors, assignees, and affiliates shall be held responsible for the effectiveness (or lack of effectiveness) of any advertising or other promotional activity awarded to the applicant selected in the Leg Up Program. If selected, each applicant company will be required to abide by the terms and conditions of the Leg Up Program Agreement. All matters not addressed by these Rules and Regulations are subject to the discretion of Spanx, and all decisions shall be binding on all applicants. Applicants or their representatives who fail to observe the Rules and Regulations or the Leg Up Program Agreement or who, in the opinion of Spanx, conduct themselves unethically or in a manner inconsistent with the Leg Up Program goals, may be immediately dismissed from the Leg Up Program without appeal.
IN NO EVENT WILL SPANX OR ITS OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, OR AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ANY APPLICANT’S PARTICIPATION IN THE LEG UP PROGRAM OR ANY ENDORSEMENTS PROVIDED. WITHOUT LIMITING THE FOREGOING, ALL ENDORSEMENT ADVERTISING AND MATERIALS WILL BE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions regarding these limitations or exclusions.
Where to Apply for the Leg Up Program:
Corporate Mailing Address:
Leg Up Promotion
3344 Peachtree Road
Atlanta, GA 30326
Please mail completed and signed applications and application materials (see below Checklist) to the above address.
For questions about the Leg Up Program, please contact us at: LegUp@spanx.com