Program Rules

mission main streetSM grants

NO PURCHASE NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.

Chase is not responsible for any costs incurred by you or your small business in connection with the Program

INTERNET ACCESS REQUIRED

Mobile access available only for Account set-up and Voting; computer access required to complete Application

Facebook account required to Vote

mission main streetSM grants program rules

Mission Main StreetSM Grants is an effort by JPMorgan Chase Bank, National Association ("Chase") to increase awareness of the important role small businesses play in local communities and to help small businesses grow. As evidence of the commitment to small businesses nationwide, Chase will provide funds designed to enable an eligible established for-profit small business to use the Grant (defined below) to execute a business plan that will result in expansion and growth of the small business, including for example, a new location, equipment, and product or distribution channel . Chase has designated $3 million to be awarded to twelve (12) Small Businesses ("Grant Recipient(s)"), each Grant Recipient selected in accordance with these Program Rules to receive $250,000 ("Grant") (the "Program").

These rules ("Program Rules") govern the Program and set forth the terms and conditions between Chase, the applying small businesses, the voters, and users of www.missionmainstreetgrants.com (collectively, "You" or "Your"). Details about the Program are available at www.missionmainstreetgrants.com (the "Program Website"). For purposes of these Program Rules, the term "Small Business" refers to an owner and/or a small business applicant and "Voter" refers to users who are voting for Small Businesses in the Program. The term "Content" or "content" shall mean any data or information of any kind provided by the Small Business or You to Chase or the Program through the Program Website or otherwise related to the Program including, without limitation, any account, business profile or application information including any personal information contained therein.

The Grant must be used in support of the business plan described in the Small Business’ Application (as defined below) and in alignment with these Program Rules. Grant Recipients will be required to refrain from marketing activity with Chase competitors for one (1) year following the awarding of the Grant. To be considered as a potential Grant Recipient, Small Businesses must submit the Application, be deemed eligible and receive at least 250 Votes, all as described in these Program Rules. The Program is defined by these Program Rules; offers available on the Program Website are optional, are not covered by these Program Rules and not required to apply for a Grant. For all general inquiries about the Program contact Chase by using the CONTACT US link on the Program Website or www.missionmainstreetgrants.com/contact.

Please see the Program Website Terms of Use ("Terms of Use") and Privacy Policy ("Privacy Policy") sections at www.missionmainstreetgrants.com/terms and www.missionmainstreetgrants.com/privacy. Both the Terms of Use and the Privacy Policy are incorporated by reference into the Program Rules. Any information submitted by an Applicant or Voter on the Program Website will be used in compliance with the Terms of Use and Privacy Policy. As described in the Program Rules, the Terms of Use, and the Privacy Policy, some Application information the Small Business provides will be displayed on the Program Website and some information only will be shared by Chase with its service providers and with panelists who will select the Grant Recipients.

program timing

The Program Website time stamp controls shall be determinative and final for all submissions.

Application Period Begins: The "Application Period" begins on October 1, 2013 at 12:00:01 a.m. ET ("Launch Date").

Application Period Deadline: The Application Period ends at 11:59:59 p.m.ET on October 31, 2013 ("Deadline").

Voting Period: The "Voting Period" begins on October 1, 2013 at 12:00:01 a.m. ET and ends at 11:59:59 p.m. ET on November 15, 2013.

Selection: All eligible Small Businesses who submit a complete Application (as defined below) during the Application Period and receive at least 250 votes by the end of the Voting Period will continue on to the selection phase of the Program where Chase, its representatives and a panel of small business experts will review the eligible applications as described below to determine the potential Grant Recipients.

Grant Recipients: A list of Grant Recipients will be posted on the Program Website in January, 2014.

eligibility

A Small Business that meets the following requirements may be eligible for the Grant through its owner or representative.

To be eligible a Small Business must:

  • be a for-profit only organization or sole proprietorship organized and having its legal presence and/or business office location within the fifty (50) United States or the District of Columbia;
  • have been actively engaged in its Current Business Activity (as defined below) for at least two (2) consecutive years immediately preceding the Launch Date. "Current Business Activity" means being in-market with a product or service available to the public as a sole proprietor, partnership, corporation or the equivalent on a non-exclusionary basis and the business has been actively engaged in this activity for at least 2 consecutive years or twenty-four (24) consecutive months immediately preceding the Launch Date of the Program. Current Business Activity does not include research and development prior to in-market activity;
  • be owned by or have at least one general partner who is a natural person who is a legal resident of the fifty (50) United States or the District of Columbia, and who is at least eighteen (18) years old (or the age of majority in the person’s state of residence).(Note: A sole-proprietor shall be deemed a business and not a consumer for purposes of the Program);
  • have a valid U.S. employer identification number or taxpayer identification number;
  • employ less than one hundred (100) year round full-time employees as of the Launch Date. Independent contractors and seasonal employees are not considered full-time employees;
  • not be owned by or have a general partner who is an employee of Chase or a company wholly or partially owned Chase or its parent company (an "affiliate"); and
  • produce evidence of the foregoing upon request.

A Small Business will not be eligible if in Chase’s sole and absolute discretion including, among other things, the Small Business or any of its owners, partners, management or affiliated organizations:

  • are, or have been, convicted or under any investigation for fraud, misconduct (financial or otherwise) or other criminal activity;
  • promote or suggest, directly or indirectly, the illegal use of firearms/weapons, money remittance, check cashing services, illegal gambling, use or sale of any illegal drugs (state or federal), prostitution or pornography, violence, or the underage use of alcohol or tobacco products;
  • suggest or encourage, directly or indirectly, the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
  • disparage or denigrate (in writing or otherwise) any race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition or otherwise discriminates (in an exclusionary way) against any of those groups based solely on being classified as fitting into those groups;
  • disparage, denigrate, threaten (in writing or otherwise), or act by means of adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, Chase or any Program participant;
  • conduct itself, in an unsportsmanlike or inappropriate manner, including without limitation any attempt, directly or indirectly, to entice Voters or businesses to vote by offering any type of consideration, gift, award, or inducement, including merchandise, cash, online currency, discounts, lottery, vote trading or anything deemed to have value in exchange for votes, including donations to charity;
  • use, promote or post Prohibited Content (see below) on the Program Website or anywhere else; or
  • violate these Program Rules.

removal from the program

If a Small Business is deemed to be ineligible for any reason, it is grounds for Removal from the Program without notice. "Removal from the Program" means removing all information about the Small Business from the Program Website, voiding any Votes cast for the Small Business and removing the Small Business from consideration for a Grant. Additionally, Chase reserves the right to eliminate a Voter’s involvement and all Votes cast through the Program if Chase, in its sole discretion, determines the Voter is not abiding by these Program Rules or is otherwise acting in an unsportsmanlike or inappropriate manner. Chase retains the right at its sole discretion to determine eligibility and reserves the right to disqualify any Small Business for any reason. All decisions by Chase are final, binding and conclusive.

application period

ONLY ONE APPLICATION MAY BE SUBMITTED PER SMALL BUSINESS.

To participate in the Program and apply for a Grant, a Small Business must submit an "Application". To submit an Application, a Small Business must complete all of the following steps during the Application Period:

  • Create An Account: Visit the Program Website and click APPLY NOW. Create a "Small Business Account" by providing an email address for the Small Business that will become the Small Business’ User ID and create a Password. The Small Business is responsible for the safekeeping and appropriate use of the User ID and Password and the Small Business may be required to provide information sufficient to show that a user is your authorized representative. The Small Business will be asked to agree to these Program Rules and consent to receiving emails about this Programs and future small business events. The Small Business must read and agree to these Program Rules with the intent to be bound by its terms, even if the Small Business is later found to be ineligible. The Small Business will receive an email indicating the Program’s receipt of the Small Business’ request to create a Small Business Account and requiring the Small Business to verify its email address for the Small Business Account. If the Small Business does not receive a verification email (please check the email contact’s spam folder) within 24 hours, please contact Chase by using the CONTACT US link on the Program Website;
  • Complete the Small Business’ Profile: After the Small Business has created the Small Business Account and verified the Small Business’ e-mail address, the Small Business may then create a "Business Profile" by providing, for example, the Small Business’ name; address; industry type; owners name and contact information and click SAVE. The Business Profile will be posted on the Program Website within approximately 24 hours. If the Business Profile does not appear on the Program Website within 24 hours, please contact Chase by using the CONTACT US link on the Program Website. Voters may vote for Small Businesses as soon as the Business Profile is posted on the Program Website.
  • Complete the Grant Questionnaire: After the Small Business has created the Small Business Account and verified the Small Business’ e-mail address, the Small Business must complete the "Grant Questionnaire", which consists of five (5) essay questions described below detailing why the Small Business is applying and how the Small Business would use the Grant. The Small Business may SAVE its responses to each essay question separately and return to edit each question until the response is complete. When all essay questions are complete and the Small Business clicks the SUBMIT button, the Small Business can no longer edit its essay questions.

SUBMIT: To submit the final Application, once all essay questions have been completed and saved, the Small Business must click the SUBMIT button at the end of the Grant Questionnaire. ALL APPLICATIONS MUST BE COMPLETED AND SUBMITTED BY THE APPLICATION DEADLINE AT 11:59:59 P.M. ET ON OCTOBER 31, 2013.

grant questionnaire – essay questions

Each Small Business must respond to all five (5) required essay questions below, in 500 characters or less for each question, which will be used to determine whether the Small Business may be awarded a Grant. The Small Business may include any information the Small Business deems relevant. The Small Business’ responses may not contain Prohibited Content (see below).

Here are the essay questions the Small Business must answer:

  1. Tell us about your business. What inspired you to start your business? How is your business successful? What makes it unique?
  2. How is your business involved with the community you serve?
  3. What would a $250,000 grant mean to your business and how will you utilize the funds to ensure long-term growth and stability?
  4. What challenges can you identify for your business, and how do you plan to overcome them?
  5. Describe the talent and skill of your employees, and how they contribute to a successful business.

Important Notice Concerning Application Content

The following information will be posted on the Program Website:

  • Small Business name
  • Small Business industry
  • Small Business city and state and zip code(street address will be included only if selected)
  • tag-line, of up to 150 characters, a key message for consumers, which may be based on the Small Business’ Grant Questionnaire responses or other information the Small Business submits as part of its Application
  • Social media links will be included only if entered on the Business Profile

All Application information including the Small Business’ Grant Questionnaire responses and any additional information the Small Business provides will be used by the Panel (as defined below) to determine potential Grant Recipients. The Small Business should not include any confidential, proprietary, and competitive or trade secret information the Small Business wishes to keep confidential. While a Small Business may not edit its Essay Questions once it has clicked the Submit button at the end of the Grant Questionnaire, the Small Business has an affirmative obligation to notify Chase if any of the content has changed or is untrue by contacting Chase by using the CONTACT US link on the Program Website or www.missionmainstreetgrants.com/contact.

voting period

Small Businesses must receive at least 250 votes during the Voting Period to continue onto the Judging Phase. Beginning on October 1, 2013 at 12:00:01 a.m. ET and ending on November 15, 2013 at 11:59:59 p.m. ET, Facebook users ("Voters") may vote for Small Businesses at the Program Website. Eligible Voters may vote an unlimited number of times but only once for each Small Business. To vote for a Small Business, visit the Program Website and log-in to an active Facebook account. After logging in, Voters will be given access to the list of eligible Small Businesses. To vote for an eligible Small Business, click VOTE NOW on the Program Website.

voting rules

Small Businesses may tell their customers, friends and neighbors about the Program and direct them to the Program Website to vote for a Small Business. Small Businesses are encouraged to share information they believes relevant through links to the Small Business’ website, YouTube, Facebook or Twitter pages or accounts. Please note that the Panel (as defined below) may review these sites. Small Businesses are responsible for complying with all applicable terms of each third-party platform, and all applicable laws, in connection with sharing information about its business.

Small Businesses may not entice others to vote by offering any type of consideration, gift, award, bribe or inducement, including merchandise, cash, online currency, discounts, lottery, vote trading or anything deemed to have value in exchange for votes, including donations to charity; non-compliance may result in Removal from the Program (as defined below). Soliciting others for votes or sending spam related to voting is not within the spirit of the Program and Small Businesses may be subject to Removal from the Program (defined below) if it is determined that they have participated in any such activities. Notwithstanding anything in these Program Rules, Small Businesses may purchase print or similar advertisements simply stating that it is participating in the Program and encouraging Facebook users to vote.

The count of eligible votes by Chase shall be deemed final. Chase reserves the right to eliminate or disregard any or all votes in excess of stated limits or otherwise not in accordance with the Program Rules or any instructions on the Program Website, including any voting instructions.

Chase is not responsible for, nor is it required to count, in its sole and absolute discretion, late, lost, misdirected, unlawful or illicit votes, votes cast for a Small Business later determined to be ineligible, votes cast in violation of the Program Rules, votes achieved through automated means by using more than one Facebook account, using another person's Facebook account and name, or votes that are achieved through other fraudulent means, unsportsmanlike conduct or in a manner otherwise inconsistent with these Program Rules.

selecting the potential grant recipients

If at the end of the Application Period, the Small Business has submitted a complete Application and, at the end of the Voting Period, the Small Business received at least 250 valid votes the eligible Small Businesses will continue onto the selection phase. During the selection phase, the eligible Small Business Applications will be reviewed by Chase and its representatives and by several notable small business executives including senior executives of Chase ("Panel") based on the Criteria below. Members of the Panel may change at any time without notice. Any interference with the members of the Panel designed to cause a panelist to select, or not select a Small Business as a finalist will be cause for Removal from the Program.

Criteria:

  • Solid business & management team/owner (20%);
  • Well thought-out and feasible growth plan (20%);
  • Likelihood to succeed within a two-year time frame (20%);
  • Positive impact on local/relevant community (e.g. job creation, meeting an unfulfilled need, etc.) and demonstrated local support (20%); and
  • Energy, enthusiasm, creativity and passion for your business (20%).

the grants

Chase has designated $3 million to be awarded to twelve (12) Small Businesses as chosen in accordance with these Program Rules. Each of the twelve (12) Grant Recipients who have submitted a completed Application, received 250 votes during the Vote Period and is chosen by the Panel as determined in the Panel’s sole discretion will be awarded $250,000.

awarding the grants

Potential Grant Recipients will be notified by letter, email or phone in advance of any public announcement. A Grant Agreement, which is defined below, will be delivered and must be agreed to and signed by the potential Grant Recipient and returned to Chase (or its designee) within five (5) business days as a condition to receiving the Grant. Chase reserves the right to require additional documentation from the potential Grant Recipient to confirm eligibility to receive a Grant or to conduct additional research or investigation regarding any information submitted in connection with an Application or the Program. In addition to the Grant Agreement, Chase may include additional documents from third parties for the Grant Recipients’ consideration.

By accepting a Grant, each Grant Recipient will be required to affirm that, among other things, it shall use the Grant in support of the business plan described in the Application, that it shall at all times comply with the Program Rules, and shall not, in any event, use the Grant for any purpose inconsistent with such Grant Recipient’s Application or these Program Rules. Upon awarding of the Grant, Chase will issue a check to the Grant Recipient.

tax liability

Payment of Federal, State and Local taxes and fees due, if any, are the sole responsibility of the Grant Recipient. Chase will issue a 1099-MISC tax form to Grant Recipient.

grant agreement terms

Each potential Grant Recipient may be required to substantiate that it meets the eligibility and other requirements of the Program Rules and will receive a Grant only after Chase determines that eligibility requirements have been met.

To receive the Grant, each potential Grant Recipient will be required, among other things, to:

  • permit Chase to use the Grant Recipient’s name and likeness in any and all media, press materials, websites, photos, videos and any collateral materials developed for any purpose for two (2) years after execution of the Grant Agreement (as defined below) (except where prohibited by law);
  • permit Chase to verify eligibility by completing a full background check and credit check;
  • participate in media training, opportunistic media interviews, photo and video opportunities and social media platforms to promote the Program.

Potential Grant Recipients will be required to sign and properly execute Grant documents and return them to Chase or its designee within five (5) business days of receipt. The "Grant Agreement" includes but is not limited to: (1) an Agreement and Release; (2) Affidavit of Eligibility and Liability Release and Declaration of Compliance; where legal, a Publicity Release (collectively the "Affidavit"); (3) a Background Check Authorization Form; (4) a Grant Agreement; and (5) affirmation of the Small Business’ employer identification number or Your taxpayer identification number (as applicable)for tax reporting purposes to the Internal Revenue Service, as required by law. Chase may request other documents as it deems necessary. Failure to return the Grant Agreement on time, return of Grant notification as undeliverable, or noncompliance with these Program Rules may result in disqualification and/or Removal from the Program. In the event of disqualification and/or Removal from the Program, Chase shall have no further obligation to that potential Grant Recipient, and an alternate potential Grant Recipient may be selected.

Grant Recipients will be eligible to receive additional awards from Google Inc., subject to terms and conditions at https://www.missionmainstreetgrants.com/disclosure.

prohibited content

All Content must be appropriate for all ages. Small Businesses represent and warrant that they will not submit any Content that contains (a) content not in English; (b) confidential information that violates any obligation of confidentiality; (c) any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; (d) content referencing, facilitating, containing or using, Prohibited Content (as defined below); or (e) content that infringes on the intellectual property rights of a third party. Prohibited Content may be removed from the Program Website immediately and without notice.

"Prohibited Content" includes, but is not limited to, content that, a Sponsor, in its sole and absolute discretion, determines violates the Program Rules or any applicable law, as well as content that promotes, suggests or encourages:

  • illegal gambling, including without limitation, any content related to casinos, sports books, bingo or poker to the extent they are on-line;
  • the illegal use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the underage use of alcohol or tobacco products;
  • the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;

Or otherwise contains or reflects:

  • obscene, indecent, defamatory, libelous, slanderous and/or unlawful content;
  • content that infringes upon, or otherwise violates, the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
  • information or content that is false, misleading, deceptive or fraudulent;
  • hate speech, or other discriminatory, disparaging or denigrating content, whether directed at an individual or a group, and whether based upon race, age, gender, disability, sexual orientation, ethnicity, religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition;
  • content that disparages, denigrates, threatens, or uses adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, Chase or participants in the Program;
  • content that is primarily intended to advance a religious denomination, expand membership or encourage conversion;
  • content advancing a particular political party or candidate or supporting lobbying for any particular party or candidate, or expanding or encouraging a membership or a particular political party, candidate or lobbying effort;
  • content inconsistent with the Program Rules; or
  • unsportsmanlike conduct.

content ownership and license

The Small Business represents that it owns all Content the Small Business submits in connection with the Program and such Content will remain the Small Business’ property and the Small Business will have sole responsibility and liability for any claims related to that Content. The Small Business grants Chase and its affiliated companies and designated agents a worldwide, non-exclusive, transferable, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify, and create derivative works of any Content provided by the Small Business through the Program, (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly ), license, offer to sell and sell, rent, lease, or lend copies of the Content (and derivative works thereof), and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.

Additionally, the Small Business consents to the use of the name, statements, photographs, videos, voice recordings and likenesses of the Small Business, the Small Business representatives, and any other person appearing in the Content submitted by the Small Business for publicity for any purpose. The Small Business’ consent is without restriction or compensation or permission of any kind and the Small Business represents and warrants that the Small Business has not and will not take any action that interferes with the rights granted to Chase under these Program Rules, and that the Small Business has secured written consents from any third parties who appear in the Small Business’ Content for the Small Business to submit the Content and make the grant of rights set forth in these Program Rules.

If the Content contains any material or elements that are not owned by the Small Business, and/or which are the subject to the rights of third parties, then the Small Business is responsible for obtaining, prior to submitting the Content, any and all releases and consents necessary to permit the use and exhibition of the Content by the Chase, including, without limitation, name, and likeness permissions from any person who appears in or is identifiable in the Content and any person who is shown in any video or photographs. Chase reserves the right to request proof of these permissions in a form acceptable to Chase at any time. By submitting Content, the Small Business represents and warrants that any person appearing or who is identifiable in the Content consents to the Content and the use of the Content as described in these Program Rules. Chase is not responsible for any loss, theft, or damage of any kind to any Content submitted to Chase.

CHASE RESERVES THE RIGHT, BUT IT IS NOT OBLIGATED, TO REVIEW, REJECT, AND/OR REMOVE CONTENT AT ANY TIME AS IT DEEMS APPROPRIATE IN ITS SOLE DISCRETION AND THAT THERE MAY BE A DELAY IN POSTING SOME CONTENT AS A RESULT. CHASE DOES NOT ENDORSE OR GUARANTEE THE ACCURACY OF, AND SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ALL SUBMISSIONS, INCLUDING POSTS MADE BY SMALL BUSINESSES WHO ARE NOT AUTHORIZED ADMINISTRATORS OF THIS SITE. THE SUBMISSIONS ARE NOT EDITED BY CHASE NOR DO THEY NECESSARILY REPRESENT OR REFLECT THE VIEWS OR OPINIONS OF CHASE.

chase marks and use of the social media toolkit

In consideration of Applicant participating in the Program, Chase grants the Small Business a limited non-exclusive, non-transferable, revocable license ("Trademark License") to use only the Program posters, handouts, embeddable banner and splash page, and the trademarks embedded therein, unaltered and, only as provided in the Social Media Toolkit, solely in conjunction with the Small Business’ participation in the Program in accordance with the Program Rules ("Chase Marks."). No individual rights to Chase Marks are granted hereunder. The Trademark License shall terminate (i) immediately upon notice from Chase; (ii) upon the termination of the Small Business’ participation in the Program (whether due to voluntary withdrawal, ineligibility, and disqualification or otherwise), including Removal from the Program; or (iii) the day that the Voting Period ends, whichever occurs first. Grant Recipients may use the Chase Marks for two (2) years following the award of the Grant unless earlier terminated by Chase in its sole discretion upon notice to Grant Recipient. The Small Business shall not incorporate any Chase Marks, any derivative of the Chase Marks or any mark which is similar to any of them, into the Small Business’ name, and shall not use any Chase Marks or any mark similar to any Chase trademarks, in the promotion of any products or services other than in the promotion of the Small Business’ participation in the Program as specifically provided herein. Notwithstanding anything in these Program Rules to the contrary, Chase, at any time in its sole discretion, may modify or eliminate any elements of the Social Medial Toolkit and the trademarks embedded therein or limit or terminate the Trademark License, with or without cause.

Title and ownership to the Chase Marks and any other trademarks, including, but not limited to, trademarks, domain names, logos as well as any other branding element of Chase shall remain with Chase. No right or license in the foregoing is granted to any third party relating to any copyright, patent, or trademark of Chase unless otherwise provided in these Program Rules.

disclaimers

THE PROGRAM MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS AND IS PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. CHASE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS IT RELATES TO THE PROGRAM. THE ENTIRE RISK AS IT RELATES TO THE PROGRAM IS ASSUMED BY YOU.

Chase is not responsible for lost, late, incomplete, inaccurate, stolen, delayed, misdirected, undelivered or garbled applications, votes, or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer or device hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the processing of applications, the announcement of the Grant Recipients, or in any Program-related materials. Nor is Chase responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Program. Chase is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Program or downloading materials from or use of the Program Website. Persons who tamper with or abuse any aspect of the Program Website or who are in violation of these Program Rules, as solely determined by Chase, will be disqualified and subject to Removal from the Program as appropriate and all associated Votes and/or Applications will be void. Should any portion of the Program be, in Chase’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of Chase, corrupt or impair the administration, security, fairness or proper play, or submission of Applications, Chase reserves the right at its sole discretion to terminate the Program and, if terminated, select the potential Grant Recipient from all eligible, non-suspect entries received prior to action taken.

limitation of liability

Chase, in its sole discretion, reserves the right to suspend, cancel or modify the Program without notice or liability if the integrity of the Program is compromised in any manner as determined by Chase, or if the Program is not capable of being conducted as intended by Chase. Chase assumes no responsibility for any loss or damage to You, Your computer or to any other person's computer relating to, or resulting from, entering, accessing or downloading any information or software in connection with this Program or otherwise participating in the Program. Neither Chase nor any of its representatives or agents are responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, problems with the platform on which the Program application runs, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the Small Businesses, Voters, or other users of the Program Website, for printing or typographical errors in any Program-related materials, or by any of the equipment or programming associated with or utilized in this Program, or by any human or other errors that may occur in connection with the Program.

UNDER NO CIRCUMSTANCES WILL CHASE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES IN CONNECTION WITH THE PROGRAM, REGARDLESS OF WHETHER CHASE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

release and indemnity

Release: You release Chase, and its parent, affiliates, subsidiaries, officers, directors, agents, employees, service providers, representatives and all others associated with the development and execution of the Program, from any and all liability with respect to, or in any way arising from, the Program, including, but not limited to, any suspension, modification or cancellation of the Program, Content received or posted, and/or acceptance or use of the Grant, including liability for personal injury, death, damages or loss.

Indemnity: By participating in the Program, You agree to indemnify, defend and hold harmless Chase, and each of its agents, service providers and their respective parents, and its and their subsidiaries, affiliates, successors, licensees, and assigns, and each of their directors, officers, agents, equity holders and employees, from and against any and all claims, losses, costs, damages, liabilities and costs and expenses (including reasonable attorneys' fees and costs) which arise out of your participation in the Program or any breach of the Program Rules.

governing law and disputes

Except where prohibited, You agree that all issues and questions concerning these Program Rules and the Program shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules.

You and Chase each waive all rights to trial in any action or proceeding instituted in connection with the Program (including any activity related thereto). Any controversy or claim arising out of or relating to the Program shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE SHALL YOU HAVE THE RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE PROGRAM OR THE USE BY CHASE OF ANY OF THE CONTENT AS PERMITTED HEREUNDER.

nature of relationship

Nothing in these Program Rules or any other agreement with You shall be deemed to create an employment or agency relationship with Chase. You agree that You shall not look to Chase for any compensation or other benefits, except as specifically set forth in the Program Rules. You acknowledge and agree that the relationship between You and Chase and any of its designees is not a confidential, fiduciary, or other special relationship, and that Your decision to provide Content to Chase for the purposes of this Program does not place Chase in a position that is any different from the position held by members of the general public with regard to elements of Your Content.

agreement to program website privacy policy and terms of use

BY PARTICIPATING IN THE PROGRAMYOU AGREE (i) TO THE PRIVACY POLICY AND TERMS OF USE AVAILABLE ON THE PROGRAM WEBSITE; (ii)THAT ALL CONTENT PROVIDED BY YOU WHICH INCLUDES YOUR APPLICATION AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THIS PROGRAM WILL BE USED BY CHASE, ITS REPRESENTATIVES, DESIGNATED AGENT(S) AND PANELISTS; and (iii) THAT YOU MAY BE CONTACTED BY CHASE AND/OR ITS DESIGNATED AGENT(S) IN CONNECTION WITH THE PROGRAM. CONTENT MAY BE USED FOR ANY PURPOSE INCLUDING TO VALIDATE ELIGIBILITY, ADVERTISING AND FOR MARKETING PURPOSES.

agreement to be contacted about future events

YOU AGREE THAT CHASE MAY CONTACT YOU AT THE EMAIL ADDRESSES YOU PROVIDE REGARDING THE PROGRAM AND FUTURE SMALL BUSINESS EVENTS.

Submission of the Small Business’ Application to participate in the Program constitutes the Small Business’ full and unconditional agreement to the Program Rules as well as Chase’s decisions, which are final and binding in all matters related to this Program. Receipt of the Grant is contingent upon fulfilling all requirements.

REVISED: October 7, 2013