Official Terms and Conditions for AFOKOSKIN’s Grant Initiative for BIPOC-Owned Businesses

These Terms and Conditions apply for AFOKOSKIN’s Grant Initiative for Black-Owned Businesses (the “Initiative”) sponsored by AFOKOSKIN LLC, (“Sponsor” or “AFOKOSKIN”).

APPLICATION PERIOD

The Initiative application period commences on March 19, 2021 at 12:00 AM Eastern Time (ET) and closes on April 30, 2020 at 11:59 PM ET (the “Application Period”).

HOW TO APPLY

To apply to the Initiative, submit the online application form available here (the “Application”) during the Application Period. Applications will be accepted by online entry only. No other method of entry will be accepted. All entries must be received by the end of the Application Period to be valid. Limit one (1) entry per person/email address/business. Applicants must fully complete, submit, and upload all information requested in the Application, as directed, during the Application Period in order to be eligible. Files that exceed one hundred megabytes (100MB) in total file size will not be accepted. All entries must include a valid e-mail address and phone number for the applicant. Applicants must acknowledge their agreement to these Terms and Conditions by clicking in the relevant box at the end of the Application. Applicants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit their Application, including any files. Applications, including attachments, that do not comply with these Terms and Conditions and/or are incomplete or inaccurate will be void, eliminated and not eligible for consideration. By submitting an Application, you represent that the materials submitted are original and have been created by you and/or that all necessary rights have been secured and disclosed in the event they were developed by others.

ELIGIBILITY

To be eligible for the Initiative, you and your business must meet all of the following criteria:

• You are eighteen (18) years of age or older as of the date the Application is submitted;
• You are an owner of the business;
• You identify as Black or African American;
• At least 51% of the business must be owned, controlled or operated and managed by Black owners;
• Business must be based in the United States and incorporated as a legal entity under the laws of any states within the United States; and

Employees of Sponsor and their immediate family members (spouses, parents, siblings, children) are not eligible for the Initiative.

Sponsor shall determine, in its sole discretion, whether an applicant meets the eligibility criteria to participate in the Initiative or to qualify for a particular grant category. Sponsor may, at its discretion, reclassify an applicant to a different grant category if applicable. Sponsor’s decisions regarding eligibility are final and binding. There is no requirement to purchase Sponsor’s products or payment of any kind required to apply to the Initiative. A purchase of Sponsor’s products will not improve your chance of selection.

THE AWARD

U.S. $1,200 of grant money will be awarded to final recipient (the “Recipient”).

At minimum, one (1) recipient will be. The Grant will be sent to the Recipient in the form of ACH wire transfer or such other mechanism as Sponsor shall choose. All federal, state and local or other tax liabilities, and other expenses relating to the acceptance of an Award, or arising from the Award, including the Grant, are the sole and exclusive responsibility of each Recipient. Recipients may be issued a 1099 tax form for the actual value of the Grant. Limit of one Grant per applicant. By applying for the Initiative, you agree that, if selected as a Recipient, you will use the Grant solely for legitimate business expenses and for the purposes expressed in your application.

In addition to the Grant, Recipients will also have the opportunity to participate in advisory, community and amplification initiatives, which will at minimum consist of the following: (i) six thirty-minute virtual mentorship sessions with AFOKOSKIN’s current CEO,  (ii) one dedicated Instagram story on Sponsor’s Instagram account highlighting the business. Sponsor may, at its sole discretion, offer Recipients benefits in addition to the Award, such as additional advisory support, community, and amplification opportunities, but Sponsor does not guarantee, and makes no commitments to provide, any prize beyond the Award.

The Award shall be subject to the terms and condition of a grant agreement. By applying for the Initiative, you acknowledge that receipt of the Award is conditional on execution of the grant agreement. The Award is non-transferable and non-assignable. Sponsor reserves the right, in its sole discretion, to increase the value of any Award. If no or an insufficient number of Applications meet the minimum eligibility criteria, some or all of the Awards may not be awarded or Sponsor may increase the value of any awarded Grant. Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if advertised award becomes unavailable. All details of any award not specified herein shall be determined solely by Sponsor.

HOW FINALISTS AND RECIPIENTS ARE DETERMINED

Eligible Applications will be reviewed by members of a committee consisting of an internal panel of Sponsor employees. The finalists (“Finalists”), and ultimately the Recipient, will be selected from among all eligible applicants based on the following criteria:

• Your Message (The Why): How your business aspires lead with purpose
• Your Brand (The What): How your business shows up in its industry and what sets you apart from the rest
• Your Plan (The How): Your business’s plan for growth and how this grant will help it get there

Sponsor may contact you with requests for additional information regarding your Application. Sponsor will notify Finalists by email and/or telephone at the end of May 2021. Being selected as a Finalist does not guarantee you will receive an Award. Finalists will be asked to provide copies of the business’ financial statements within five (5) days to further evaluate the Application. After review, Sponsor will notify Finalists whether they are selected as a potential Recipient. Prior to receiving the Award, potential Recipients will be required to (i) provide a W-9 tax form verifying their business tax identification number and other requested tax and banking information necessary for payment of the Grant and (ii) sign and return a grant agreement, properly executed, within three (3) days of receipt of same. If Sponsor (i) is unable to contact the potential Recipient within three (3) days from first notification attempt, (ii) if the potential Recipient fails to promptly provide, complete and return all requested documentation by the specified date, or (iii) if the potential Recipient fails to comply with any of the requirements in these Terms and Conditions, it may result in a Recipient’s disqualification, the forfeiture of its interest in the Award, and, at Sponsor’s discretion, the presentation of the Award to a substitute recipient. An Award not claimed by a potential Recipient and not awarded to a substitute recipient by Sponsor in accordance with these Terms and Conditions will remain the property of Sponsor. All decisions of Sponsor and the review committee with respect to Finalists and Recipients, and all other matters pertaining to the Initiative are final and binding and cannot be appealed or challenged.

PRIVACY

Any information provided by you as part of the Application process or otherwise in connection with the Initiative will be processed in accordance with Sponsor’s privacy policy. By applying to the Initiative, you agree to Sponsor’s privacy policy and consent to receive communications and other materials from Sponsor regarding the Initiative. If you provide us with personal information of a reference or any other individual as part of your application, it is your responsibility to obtain consent from that individual prior to providing such information to us.

CONFIDENTIALITY & PUBLICITY

All non-public business and financial information you provide as part of the Application will be kept confidential. By submitting an Application and participating in the Initiative, you acknowledge and agree that if you are selected as a potential Finalist or Recipient, you will not disclose to any person or third party the fact that you were selected until notified by Sponsor that such disclosure is permitted or until made public by Sponsor. Sponsor will coordinate all publicity and press announcements regarding the Initiative and will provide Recipients with as much advance notice of such announcements as possible. Sponsor may refuse any media opportunity in its sole discretion.

You acknowledge that Sponsor may currently or in the future be developing information internally, or receiving information from third parties, that is similar to or competitive with the information disclosed by you as part of the application process. Accordingly, you acknowledge and agree that nothing in these Terms & Conditions will be construed as a representation, warranty, covenant or agreement of Sponsor or its affiliates that it will not develop, or have developed on its behalf, products, processes, concepts, systems or techniques that are similar to or competitive with the products, processes, concepts, systems or techniques contemplated by or embodied in such application. For clarification and the removal of doubt, Sponsor will not use, or rely on, any information provided in the Application in connection with such development.

LIMITATIONS OF LIABILITY

Sponsor, its respective subsidiaries, and its and their respective officers, directors, shareholders, employees, agents, insurers, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Initiative; inability to access Sponsor’s website or application form; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any Applications which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Award at any time and without notice.

By entering, you agree to release, discharge, indemnify, defend, and hold harmless Sponsor and its subsidiaries and its and their respective employees, officers, directors, shareholders, insurers and agents from and against all claims and damages or liability arising in connection with your participation and/or entry in the Initiative and/or your receipt or use of the Award, including the Grant, or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Award or participation in the Initiative or any Initiative-related activity or your breach of these Terms and Conditions. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by technical or human error or otherwise which may occur in the processing of applications for this Award or in the running of this Initiative. Sponsor will not be responsible for typographical, printing or other errors in these Terms and Conditions or in other materials relating to the Initiative.

GENERAL TERMS AND CONDITIONS

Any advice obtained in connection with the Initiative including during any advisory support or networking opportunities or otherwise from Sponsor, is for informational purposes only and not for the purpose of providing specific business, accounting, or legal advice. Opinions expressed by mentors or others are the opinions of the individuals and may not reflect the opinions of Sponsor.

By participating in the Initiative, you accept and agree to be bound by these Terms and Conditions, including all eligibility requirements, Sponsor’s Privacy Policy and Terms of Use, including the arbitration provisions contained therein. All applicable federal, state, territory, provincial and local laws and regulations apply. In the event that the Initiative is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Initiative, or to disqualify applicants residing in the affected geographic areas. In such event, Sponsor shall have no liability to any applicants who are disqualified due to such an action. Failure by Sponsor to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. Sponsor reserves the right to disqualify any applicant that in its sole judgment violates the letter or the spirit of the Initiative or could reflect negatively on Sponsor’s image and/or reputation.

You represent and warrant that your Application material (i) does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (ii) does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iii) does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.

All decisions regarding the Initiative’s Terms and Conditions, procedures, and processes are at the sole discretion of Sponsor. By submitting an Application, you agree not to seek any financial damages from Sponsor for any claim, dispute or cause of action in connection with or arising out of the Initiative, including the Award. If the Initiative is not capable of running as planned for any reason, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of games, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Initiative, Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify or suspend the Initiative. Sponsor may disqualify any individual who tampers with the entry process, and, if terminated, to determine an alternative Recipient, if any, from among all eligible, non-suspect Applications submitted up to the point of termination.

All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions or the rights and obligations of applicants or sponsor in connection with the Initiative shall be governed by and construed in accordance with the internal laws of the state of New York without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other state’s laws.

SPONSOR

AFOKOSKIN LLC, 2905 E Point St, #91587, East Point, GA 30344