NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Program may only be entered in or from the fifty (50) United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Program is governed exclusively by the laws of the United States. You are not authorized to participate in the Program if you are not located within the fifty (50) United States or the District of Columbia.
1. The Program. The Poise® Bounce Back Grants Program (“Program”) is an initiative by Kimberly Clark’s Poise® Brand (“Poise”) to support small women-owned businesses that are experiencing COVID-19-related hardships through funding and exposure. As part of its commitment to empowering women, Poise will provide relief funds designed to enable a for-profit small woman-owned business that satisfies the Eligibility Requirements set forth in Section 5 of these Official Rules to use the Grant (defined below in Section 6) to continue operating amidst decreased profits stemming from COVID-19. For all general inquiries about the Program visit the Program Website at https://www.poise.com/en-us/grant-workshops-form or contact Poise via email at [email protected]
2. How to Participate in the Program. To participate in the Program, during the Program Period (defined below in Section 4), eligible businesses that satisfy the Eligibility Requirements set forth in Section 5 of these Official Rules should go to https://www.poise.com/en-us/grant-workshops-form (“Site”), read the Official Rules and complete the three (3) question application.
All entry information shall be collectively referred to herein as the “Submissions” or each as a “Submission.” Submissions must comply with the Guidelines and Restrictions defined below in Section 6.
Entrant further represents and warrants that the business represented in entrant’s Submission is in good legal standing and neither entrant, any Team Members (defined below), nor entrant’s business have any actual, pending, or anticipated adverse legal actions, proceedings, claims, or judgments against them. Entrants will indemnify and hold harmless the Released Entities (defined in Section 10) from and against any claims arising from or relating to entrant’s breach of her representations and warranties herein or the use of entrant’s Submission by Sponsor as provided herein.
Submissions may not depict, include, or require the rights or permission of any individuals, except for entrant and entrant’s Team Members, defined as any partners, co-founders, co-owners, employees, collaborators, or other members involved in entrant’s business whose authorization or consent may be required by entrant to enter the Program on behalf of entrant’s business. Before submitting an entry, entrant must confirm with each Team Member (if any) that such Team Member has: (1) read and agreed to abide by these Official Rules; (2) authorized entrant to submit the Submission into the Program on behalf of entrant’s business; and (3) if applicable, authorized the inclusion in entrant’s Submission of their name and/or other traits or depictions. Written confirmation of the foregoing may be requested or required, should your business be determined a Grant Award recipient (“Grant Recipient”).
Limit one (1) Submission per small business throughout the Program Period. Entering invalid, erroneous, fraudulent information or multiple entries will result in Program disqualification. No automated entry devices and/or programs permitted. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
Entrants acknowledge and agree that their participation in the Program and/or potential selection as a Grant recipient will not constitute a sponsorship or endorsement of entrant or entrant’s business by Sponsor or Administrator. Grant Recipients may be requested to participate in media training, opportunistic media interviews, photo and/or video opportunities and social media platforms to promote the Program, and may be subject to up to two check-ins by Sponsor within the next two years to provide photos and written updates on how the Program Grant Award has helped your business.
3. Grant of Rights. Sponsor reserves the right to publicize any Submissions in full or in part in the Media throughout the Territory and publication of a Submission by Sponsor is not intended to indicate that the Submission has been selected as a Grant Recipient or is favored in any way.
4. Start/End Dates. Submissions will be accepted beginning at 7:00 a.m. Eastern Time (“ET”) on September 14, 2020 and ending at 11:59 p.m. ET on September 28, 2020 (“Program Period”).
5. Eligibility. Participation open only to business owners who are legal residents of the fifty (50) United States or the District of Columbia who are at least 18 years old as of date of entry. Entries submitted by non-owners will be subject to disqualification. Program is open to women-owned businesses that meet the following eligibility requirements and Additional Eligibility guidelines defined below (collectively, “Eligibility Requirements”):
Entries from businesses that promote bigotry, racism, hatred or harm against any group or individual or that promote polarizing or controversial agendas, as determined by Sponsor in its sole discretion, will be subject to disqualification. Multi-level Marketing (MLM) businesses are not eligible.
Additional Eligibility Guidelines: the participating business’s leaders and/or business offerings should challenge societal norms or stigmas, and/or have a strong connection to mothers and/or motherhood, as well as exemplify at least 1 of the following criteria:
Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of Kimberly-Clark Corporation (“Sponsor”), RealTime Media (“Administrator”) and their respective parent company, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Program materials (collectively the “Program Parties”) and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Program may only be entered in or from the 50 United States and the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in the Program if you are not located within the 50 United States or the District of Columbia. All federal, state and local laws and regulations apply.
6. Random Drawing/Odds. Grant Recipients will be selected in a random drawing from all eligible entries received on or about two weeks after promotion end date. Odds of winning depend on the number of eligible entries received for the drawing. Drawing will be conducted by RealTime Media. By entering the Program, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Program.
7. The Grants. Twenty (20) Grant Recipients will each receive a cash grant in the amount of $2,500 (U.S.) (“Grant”).
Total Approximate Retail Value of all Grants combined: $50,000. Grants are non-transferable, in whole or in part. No substitutions by Grant Recipient. All taxes and unspecified expenses are the responsibility of Grant Recipients. Grant Recipient businesses are responsible for all applicable federal, state, or local taxes on the value of the Grant, and will be issued an IRS 1099-MISC tax form. Limit one Grant per person or business. No more than the stated number of Grants will be awarded.
8. Notification. The potential Grant Recipients will be notified by email and/or phone within seven (7) business days of winner selection or as soon as reasonably practicable.
Potential Grant Recipients will be required to sign and properly execute Grant Agreement documents (collectively, “Grant Agreements”) and return them to Sponsor or its designee within five (5) business days of receipt. The Grant Agreement includes, but is not limited to: (1) Winner Eligibility & (2) Release of Liability Forms, as required by law. Sponsor may request other documents, as it deems necessary.
Potential Grant Recipients will be evaluated to ensure they meet the Eligibility Requirements of the Program and are in compliance with these Official Rules. Any potential Grant Recipient that is determined to be invalid or ineligible according to the Eligibility Requirements will be disqualified and no Grant will be provided. Receiving a Grant is contingent upon fulfilling all requirements of these Official Rules.
If any Grant Recipient cannot be contacted within five (5) calendar days of first notification attempt, if any Grant or Grant notification is returned as undeliverable, if any Grant Recipient rejects his/her Grant or in the event of noncompliance with these Program rules and requirements, such Grant will be forfeited and an alternate Grant Recipient will be selected from all remaining eligible entries (time permitting). Upon Grant forfeiture, no Grant or other compensation will be given.
9. Conditions. All federal, state and local taxes are the sole responsibility of the Grant Recipients. Participation in Program and acceptance of Grant constitutes each Grant Recipient’s permission for Sponsor to use her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Grant Recipient regarding the Program or Sponsor for advertising and promotional purposes in any and all Media, including any press materials, websites, photos, videos and any collateral materials developed for any purpose by Sponsor, without notice or additional compensation,.
By participating, entrants and Grant Recipients agree to release and hold harmless Sponsor, the other Program Parties, their promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Program, or possession, acceptance and/or use or misuse of Grant or participation in any Program-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Program cannot take place or if the Grant cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, epidemics, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Program in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
10. Additional Terms. In case of dispute as to the identity of any entrant, Submission will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential Grant Recipient may be requested to provide Sponsor with proof that such Grant Recipient is the authorized account holder of the email address associated with the winning Submission. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Program, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Program or downloading any materials in this Program. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Program should (in its sole discretion) virus, bugs, epidemics, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Program. In such case, Sponsor may select the Grant Recipient(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Program or web site. Sponsor may prohibit an entrant from participating in the Program or winning a Grant if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Program by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR PARTICIPATING IN THE PROGRAM, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROGRAM. WITHOUT LIMITING THE FOREGOING, THIS PROGRAM AND ALL GRANTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Program. Any controversy or claim arising out of or relating to these Official Rules and/or 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. The arbitration shall be conducted in the COMMONWEALTH OF WISCONSIN.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Program, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non conveniens.
14. List of Grant Recipients. To obtain a list of Grant Recipients, send a self-addressed, stamped envelope by Realtime Media LLC, 200 Four Falls Corporate Center, Suite 100, Conshohocken, PA 19428.
15. Sponsor. Kimberly-Clark Corporation, 2001 Marathon Ave., Neenah, WI 54957.
16. Administrator. Realtime Media LLC, 200 Four Falls Corporate Center, Suite 100, Conshohocken, PA 19428.