Fund Tank Terms and Conditions

Introduction

National Biz LLC, d/b/a National Business Capital, in conjunction with its sponsors, affiliates, partners, lenders, contractors and other parties (“National Biz”) have organized a media program (“Event”) where selected applicants will have the opportunity to pitch information and details about their business for a chance to qualify for business funding up to amounts determined by National Biz and approved by third party lenders. The Event may be recorded and publicly disseminated in such form and media as National Biz may determine. By completing the application for participation in the Event, the applicant agrees to the terms contained here.

Eligibility

Applicants who wish to participate in the Event must be: (i) legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry, (ii) generate annual revenues of at least One Million Dollars ($1,000,000.00), and (iii) have been operating their business for at least two (2) consecutive years, (iv) applicants that have not been convicted of a felony in the last ten (10) years, and who are willing to voluntarily submit to a background check, and (v) such other eligibility criteria as National Biz may require. Employees, officers, directors, or agents of National Biz are not eligible to participate. National Biz will select Event participants from eligible entrants as it determines in its sole discretion. Eligibility for the Event does not guarantee selection for the Event. All entries and information provided in connection with the entry, once provided, are the property of National Biz. Eligibility is at the exclusive and sole discretion of National Biz, and National Biz may reject any entrant for any reason or no reason at all without having to provide an explanation. National Biz has the sole discretion to make determinations of eligibility, and National Biz reserves the right to change any of the eligibility requirements at any time.

Funding; Prize

Any winner selected by National Biz as part of the Event will qualify to obtain funding from a lender selected by National Biz.

Prize: On behalf of an Event winner, National Biz will make interest payments that will be due on up to $50,000 of funding for which an Event winner may qualify for from a participating lender. The interest payments due may be paid by National Biz to the Event winner or directly to the applicable lender as determined by National Biz in its sole discretion. An Event winner shall not be entitled to any other prize or benefits except as provided here.
Each Event winner will be responsible for repayment of all principal and other funding amounts received. In addition, all Event winners are solely responsible for all costs and expenses associated with any funding, interest payments or other benefits received by the winner, including but not limited to: (1) federal, state, and local taxes; (2) out-of-pocket expenses; (3) origination fees and other fees; and (4) interest payments or any other payments associated with the funding. Any participating lender reserves the right to structure funding in any format as it determines in its discretion and subject to qualification criteria that a lender may determine.
Any funding is subject to the underwriter approval process of any applicable lender based on the winning participant’s credit worthiness and other criteria determined by a lender, which may include cash flow, existing financing, credit score, and credit history. A winning participant shall fully comply and cooperate with the funding approval process to receive funding.

The amount of funding a winner may receive will depend on qualification criteria determined by the applicable lender.

Release

Subject to applicable law, by entering the Event and potentially winning a chance to receive Funding, each participant and winner agrees to release, discharge, and forever hold harmless Lender, National Biz, along with National Biz’s employees, officers, directors, affiliates, partners, lenders, funding sources, agents and assigns, from and against any and all claims, complaints, actions, causes of action, suits, judgments, debts, covenants, contracts, torts, charges, demands, damages, obligations, liabilities, losses, promises, agreements, controversies, penalties, proceedings, counterclaims, expenses, and executions of any kind or nature whatsoever, whether known or unknown, matured or unmatured, absolute or contingent, asserted or unasserted, actual or potential, whether arising in law or in equity, or otherwise, whether arising by statute or common law, in contract, in tort, or otherwise, may have, may have had, or may in the future obtain, including attorneys’ fees (each, a “Loss”), in any way relating to or arising directly or indirectly out of the Event, his or her participation in the Event (or related activity such as a press release), and/or National Biz’s right to exploit participant or participant’s business, names, logos, trademarks, images and/or likeness or fully exploit any other right granted to it hereunder, and/or from participant’s receipt, use, or misuse of any Funding, no matter how such Loss arises.

Limitation of Liability

IN NO EVENT WILL LENDER, NATIONAL BIZ, AND/OR NATIONAL BIZ’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH NATIONAL BIZ, THE “NATIONAL BIZ PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE EVENT, THESE OFFICIAL EVENT RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A LOAN, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY NATIONAL BIZ PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Use of Collected Materials and Information

National Biz may be collecting, storing, and exploiting personal data about event to administer the Event and exercise its rights hereunder, including without limitation, those relating to marketing and publicity. By applying for the Event, participants agree for National Biz to collect and use of their personal or their business’s information as determined by National Biz in its sole discretion.

Dispute Resolution

The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties), and exclusively by the state or federal courts situated in Suffolk County, New York; (2) that the laws of the state of New York shall govern, without regard to its conflict of laws principles; and (3) that THE PARTIES HERETO WAIVE ANY RIGHT TO A TRIAL BY JURY.