2022/2023 Drizly Brand Accelerator Program Terms
The 2022/2023 Drizly Brand Accelerator Program (the “Program”) allows Drizly to promote and support a select number of beverage alcohol brands (“Company” or “Companies”) owned by individuals who identify as being members of historically marginalized groups (“HMGs”) over the course of one year. Companies that meet the eligibility criteria below may nominate themselves to participate in the program by filling out the form available at https://www.bevalcinsights.com/drizlys-sip-with-purpose-brand-accelerator/ and submitting their information on or before September 12, 2022. Drizly will review nominations and choose three Companies to participate in the Program.
By nominating your Company, you: (1) expressly represent that the Company meets the eligibility criteria below; (2) agree that the Company will participate in the Program as described in these 2022/2023 Drizly Brand Accelerator Program Terms (the “Terms”) through September 30, 2023; (3) agree that the Company will comply with and abide by these Terms; and (4) have the authority and authorization to nominate the Company.
In order to participate in the Program, a Company must meet the following requirements: (1) one or more owners of the Company must identify as a member of an HMG (defined in the next paragraph); (2) the HMG owner must own at least 50% of your brand’s equity or ownership interests, or if several owners identify as a member of HMGs, their combined ownership interest must be at least 51%; (3) the HMG owner(s) must be citizens or permanent residents of the United States; (4) the Company must be for-profit and physically headquartered in the United States; (5) the Company’s products must be distributed within the United States; (6) the Company has not entered into a paid Statement of Work with Drizly in the past year.
The following groups are considered HMGs for the purposes of the Program: (a) Women; (b) Black; (c) Hispanic and Latinx; (d) Asian-American and Pacific-Islander (including the Indian sub-continent and Southeast Asia); (e) Indigenous or Native American; and (f) LGBTQ+.
In order to participate in the Program, a Company must also: (1) maintain a Supplier account on the Drizly Platform associated with the Company (a “Company Account”); (2) ensure the Company Accounts can only be accessed by authorized Company employees; and (3) ensure that its employees utilize Company Accounts in compliance with the Terms, Drizly’s Privacy Notice, and all applicable laws.
Selection of Program Participants
Drizly will accept nominations to participate in the Program until September 12, 2022. All eligible nominees will be reviewed by a Drizly selection committee. The selection committee will select three nominees to participate in the Program on or before September 30, 2022. The selection committee will select nominees based on the following criteria: (1) The story behind the Company; (2) the Company’s mission; (3) the biggest challenges facing the Company; and (4) the potential benefits to the Company of participating in the Program. The selection committee shall assign points and weigh these factors in its sole discretion to determine which nominees are selected.
Companies invited to participate in the Program (“Participants”) will be notified of their selection no later than September 30, 2022 and will be required to confirm their participation no later than October 7, 2022.
Benefits of Participation
Participants will be provided with the following benefits between October 1, 2022 and September 30, 2023 (the “Program Term”): (1) consultations and access to industry experts facilitated by Drizly; (2) introductions to top retailers in the Company’s target market, including the opportunity to set up in-store tastings and employee education about your product; (3) introduction to a distributor or wholesaler that operates in the Company’s target market; (4) a one year subscription to the Drizly Insights Data Dashboard, Gold Tier, which provides valuable information about how your brand is performing across multiple markets and retailers; (5) a free premium page for your brand on the Drizly Platform; (6) a monthly credit to purchase display advertisements through Drizly’s programmatic ad server; and (7) free consumer marketing placed by Drizly through email, social networks, and/or on-site ad placements.
If accepted as a Participant, Company expressly agrees that it shall: (1) participate in the Program during the Program Term; (2) participate in at least one meeting with Drizly each quarter during the Program Term; (3) provide Drizly with brand logos and assets upon request and in a timely manner to enable Drizly to promote Company; (4) review and approve promotional materials prepared by Drizly in a timely manner; and (5) not publicly disparage Drizly, its parent company, or any of its corporate affiliates during the Program Term.
Participants agree that Drizly may publicize their selection and participation in the Program.
If a Participant provides Drizly with any intellectual property for use in conjunction with the Program, that Participant grants Drizly a perpetual, royalty-free, worldwide right and license to modify, display, and use such intellectual property provided for the purposes of promoting Participant, the Program, and/or Drizly, or, if the ownership restriction is related to another third party’s ownership, Participant will secure the same license or authorization on behalf of Drizly from such third party.
Program Changes and Termination
Drizly may immediately remove a Company from the Program if: (1) the Company or any of its employees, contractors, or representatives violate any of the Terms or fail to meet any of the Participant Expectations outlined above; (2) the Company fails to meet the Eligibility criteria outlined above at any time; (3) Drizly, in its sole discretion, determines that its continued affiliation with the Company will cause reputational harm to Drizly.
Drizly may change the benefits of the Program at any time by providing written notice to Participants. If Drizly materially changes the benefits of the Program, Participants may choose to immediately withdraw from the Program by providing Drizly with written notice.
Each Participant undertakes to treat all information, data, and documentation that it becomes aware of during the Program Term as confidential information and shall to keep such information confidential. Each Participant undertakes to maintain the strict confidentiality and not to disclose confidential information to any third party, unless expressly permitted by Drizly. These nondisclosure obligations shall remain in effect for period of two years following the termination of these Terms.
Interpretation of Terms
All interpretations of these Terms will be at Drizly’s sole discretion and Drizly’s decisions will be final.
The Program and all the information accessible through it are provided for information purposes only on an “as is” and “as available” basis. Drizly, its information providers, and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Program, the information, materials, content, availability, and products. All benefits made available under the Program, if any, are provided by Drizly and do not modify the contractual relationships among or between Participants. To the fullest extent permitted by applicable law, Drizly disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
NEITHER DRIZLY NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND COMPANY’S PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF DRIZLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL DRIZLY’S MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
COMPANY AGREES THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, ITS PARTICIPATION IN THE PROGRAM, USE OF ANY BENEFITS PROVIDED THEREUNDER, OR THESE TERMS MAY BE BROUGHT BY COMPANY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF COMPANY IS DISSATISFIED WITH THE PROGRAM, TERMINATION OF ITS PARTICIPATION IN THE PROGRAM IS IT SOLE REMEDY. DRIZLY HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO COMPANY.
Governing Law and Disputes
Governing Law and Disputes
The Program and these Terms will be governed by and construed under the substantive laws of the Commonwealth of Massachusetts, as if they were a contract wholly entered into and wholly performed within Massachusetts and without reference to conflict-of-laws considerations.
Neither party may assign these Terms or any of its rights or delegate any of its duties under these Terms without the prior written consent of the other party, not to be unreasonably withheld. Notwithstanding the foregoing, Drizly may assign these Terms, without Company’s consent, to its parent company or to any purchaser of all or substantially all of its assets, or to any successor by way of merger, consolidation or similar transaction.