UDONIS HASLEM SMALL BUSINESS GRANT SEARCH TERMS AND CONDITIONS
The Udonis Haslem Small Business Grant Search (“Search”) will begin on April 11, 2022 at 12:00 AM Eastern Time and end on July 11th, 2022 2022 at 11:59:59 PM Eastern Time (“Search Period”). Search is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to businesses based in the Palm Beach, Broward, and Dade Counties, owned by an individual eighteen (18) years of age or older as of the start of the Search Period that also meets the following eligibility requirements:
• Business owner is a minority, identifying as a woman or Person of Color;
Employees and their immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) of FTX (defined below) and each of their respective officers, directors, affiliates, subsidiaries, parent companies, and advertising and promotion agencies and those living in the household of same (whether legally related or not) are not eligible to participate in the Search.
It is an applicant’s sole responsibility to review and understand his/her company’s policies regarding participation in promotions such as this. The awarding of any grant available to businesses in this Search will be subject to such company policies. If, for whatever reason, any business is unable to accept a grant due to company policies or for any other reason, the grant may be forfeited and West Realm Shires Services Inc. d/b/a FTX US, a Delaware corporation (“FTX”) will have no further obligation to such applicant or their corresponding business. Applicants and their corresponding business must be in good standing and meet the eligibility criteria specified above at time grant is to be provided.
HOW TO APPLY: To enter the Search, during the Search Period, visit www.UDcares.org/smallbusiness (the “Website”) and follow the provided instructions to complete and submit the application form (each, an “Application”). As a part of the Application, you will be required to complete questions regarding your business operations and will have the opportunity, but not the obligation, to submit photographs or other documentation that supports your application [please confirm]. Photographs and other documentation also are accepted in JPG, JPEG, PNG, GIF, TOFF, PDF, DOC or DOCX formats
[NOTE: the file upload max size is 10mb. for all documents, if you can't compress your business story video to under 10mb that's ok. Just send us an email to info@udcares.org . with your business name and a link to the larger video file via any file sharing program: (Dropbox, Wetransfer, or Google drive). Photographs and other documentation (collectively, “Content”) must meet the following additional requirements (“Content Requirements”). Any Content that, in FTX’s sole and absolute discretion, violates the following Content Requirements will be disqualified:
• Content must be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the FTX is suitable for all persons, including persons under the age of thirteen (13);
FTX reserves the right, in its sole discretion, to disqualify any Content and/or a corresponding Application in the Search if FTX views a Content as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems a Content to be lacking in taste, quality, or to be otherwise objectionable. FTX reserves the right to edit Content to comply with these Terms and Conditions (inclusive of the foregoing Content Requirements) or request that an applicant edit or completely remove any content that may intentionally or unintentionally violate these Terms and Conditions. FTX will determine in its sole discretion which Content has satisfied the Content Requirements.REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each applicant represents and warrants as follows: (i) the application and any Content submitted is the applicant’s own original, previously unpublished, and previously unproduced work; and (ii) the application and any Content submitted does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each applicant hereby agrees to indemnify and hold the FTX harmless from and against any and all third party claims, actions proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of applicant hereunder.SELECTION AND NOTIFICATION OF GRANT RECIPIENTS: After the conclusion of the Search Period, all eligible Applications will be reviewed by a panel of experts selected by FTX who will evaluate the Applications based on a variety of factors, including without limitation (i) completeness of the Application; (ii) originality of Application; and (iii) persuasiveness of responses to questions provided on why the applicant should be considered for a grant. The panel of experts and/or FTX may schedule interviews with Applicants as needed to assist with the review process. Exact date and time of interviews to be determined by experts and/or FTX, in their sole discretion. The experts and FTX will select up to two (2) potential grant recipients. FTX reserves the right to identify fewer than two (2) grant recipients in the event FTX does not receive a sufficient number of eligible and qualified Applications, as determined in their sole discretion. Application scores will not be revealed.GRANTS (2): There will be two (2) grant recipients, each receiving $50,000 USD. Total value of grants available to be awarded: $100,000.PUBLICITY RELEASE: By participating in the Search, in addition to any other grants which may be granted in any other agreement entered into between FTX and any applicant in the Search, each applicant irrevocably grants FTX, the Udonis Haslem Foundation and their respective successors, assigns and licensees, officers, directors, and employees (collectively, “Released Parties”) the right to use such applicant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby releases the Search Entities from any liability with respect thereto.CONDITIONS: By entering the Search, each applicant agrees for applicant and for applicant’s heirs, executors, and administrators (a) to release and hold harmless the Released Parties from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such applicant’s participation in the Search and/or his/her acceptance, possession, use, or misuse of any grant or any portion thereof; (b) to indemnify Released Parties from any and all liability or arising from the Search and to hereby acknowledge that Released parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative grant, including express warranties provided exclusively by grant supplier that are sent along with grant; and (c) to be bound by these Terms and Conditions and to waive any right to claim any ambiguity or error therein or in the Search itself, and to be bound by all decisions of the FTX, which are binding and final. Failure to comply with these conditions may result in disqualification from the Search at FTX’s sole discretion.ADDITIONAL TERMS: FTX reserves the right to conduct a detailed publicity and background check of any and all records of the potential grant recipients and their corresponding owners or business affiliates including without limitation, civil and criminal court records and police reports, confirming selected businesses are in good standing with the IRS and eligible to receive the grant and, based on its results, may disqualify any grant recipient or select an alternate business to receive the applicable grant, in FTX’s sole discretion. FTX may also take all steps necessary to corroborate any information provided to FTX by grant recipients in their interview. In that regard, grant recipients may be asked to provide necessary contacts and information so that FTX may conduct such investigation. FTX reserves the right to permanently disqualify from the Search any person they believe has intentionally violated these Terms and Conditions. Any attempt to deliberately damage the Search or the operation thereof is unlawful and subject to the legal action by FTX, who may seek any and all remedies available to the fullest extent permitted by law. The failure of FTX to comply with any provision of these Terms and Conditions due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of FTX (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Terms and Conditions. Released Parties assume no responsibility for any injury or damage to applicants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Search. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of application information; for errors in any promotional or marketing materials or in these Terms and Conditions; for any human or electronic error; or for Applications or Content stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. FTX reserves the right to cancel, modify, or suspend the Search or any element thereof (including, without limitation, these Terms and Conditions) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Terms and Conditions). In the event of cancellation, modification, or suspension, FTX reserves the right to select grant recipients as described herein using the Judging Criteria above from among all eligible, non-suspect Applications and Content received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. FTX may prohibit any applicant or potential applicant from participating in the Search, if such applicant or potential applicant shows a disregard for these Terms and Conditions; acts with an intent to annoy, abuse, threaten, or harass any other applicant, FTX, or FTX’s agents or representatives; or behaves in any other disruptive manner (as determined by FTX in its sole discretion). These Terms and Conditions cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of FTX. The invalidity or enforceability of any provision of these rules shall not affect the validity or enforceability of any provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules 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.DISPUTES: THE SEARCH IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE STATE OF CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN THE STATE OF CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF ALAMEDA IN STATE OF CALIFORNIA THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PROVIDED BY: West Realm Shires Services Inc. d/b/a FTX US, a Delaware corporation, 167 N Green St, Floor 10, Suite 3, Chicago, IL 60607.
