Justworks Spring Forward Fund Contest Official Rules

Contest Overview

Justworks Spring Forward Fund Contest (“Contest”) is sponsored by Justworks, Inc. (“Sponsor”). During the Contest Period, eligible Organizations are invited to enter the Contest through the application link Website by submitting a project proposal, project plan, and other required information for evaluation by an internal Sponsor judging panel (all terms defined below). Finalists receiving the highest scores from the first round of judging will be further evaluated by an external judging panel, with the Organization that submitted the highest scoring entry receiving a grant to help fund the Project (defined below), as described in more detail in these Terms.  

The project submission period begins on August 21, 2024  at 12:00:00 am Eastern Time (“ET”) and ends on September 5, 2024 at 6:00:00 pm ET (“Contest Period”).

Eligibility

To be eligible to apply for and receive the grant in this Contest, an organization must (i) be a current customer of Justworks Employment Group LLC in good standing as of August 1st, 2024, and (ii) be registered as a 501(c)(3) organization at all times during Contest participation, including grant fulfillment, if applicable, with its principal place of business in the United States or District of Columbia (the “Territory”) (each, an “Organization”).

Individuals participating on behalf of an Organization must be: (a) natural persons who are, as of the date of participation, a legal resident of the Territory, (b) at least eighteen (18) years old and the age of majority in their jurisdiction of residence, and (c) an authorized individual to represent, act, and enter, on your Organization’s behalf. By entering on behalf of your Organization, you represent and warrant that you are a representative authorized to act on behalf of your Organization and enter into contracts on behalf of your Organization (“Representative”). Individuals may not apply as a Representative of more than one (1) Organization. 

Employees, officers, directors, members, managers, agents, and representatives of Sponsor or any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Contest, or any of their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, and advertising, promotion, and public relations agencies (collectively, the “Released Parties”) and any family member or member of the same household (whether or not related) of any such persons are not eligible to enter or win a grant in this Contest. For purposes of this Contest, the term “family member” is defined as any spouse, partner, parent, legal guardian, child, sibling, grandparent, grandchild, or in-law.

Participation in this Contest constitutes Organization’s and each eligible participating individual on behalf of an Organization’s full and unconditional agreement to and acceptance of these Terms and the decisions of Sponsor, which are final and binding in all matters. Any natural person completing any portion of the entry process described in these Terms on behalf of an Organization must be authorized to act on behalf of and legally bind that Organization.  Each individual participating on behalf of their Organization: (1) understands and agrees that these terms are binding on you individually; and (2) warrants that your Organization has full knowledge of your actions and has consented thereto and that your actions do not violate your Organization’s policies and procedures.

THESE PROGRAM TERMS & CONDITIONS (“TERMS”) GOVERN YOUR PARTICIPATION IN THE SPRING FORWARD FUND PROGRAM ON BEHALF OF YOURSELF AND YOUR ORGANIZATION. BY SUBMITTING AN APPLICATION FOR THE GRANT, YOU, ON BEHALF OF YOURSELF AND YOUR ORGANIZATION (COLLECTIVELY, “YOU”), AGREE TO THESE TERMS.

PLEASE READ THESE TERMS, WHICH ARE A CONTRACT, CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES AGREEMENT TO ARBITRATE DISPUTES, INDEMNITIES TO JUSTWORKS. FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. IF ANY OF THESE TERMS ARE NOT COMPLIED WITH, PARTICIPATION MAY BE FORFEITED, INCLUDING RECEIPT OF ANY GRANT, AND ANY GRANT PAID MAY NEED TO BE REPAID, ALL IN JUSTWORKS’ SOLE DISCRETION.

What is the Spring Forward Fund?

The Spring Forward Fund (“Program”) is offered by Justworks, Inc. ( “Justworks”).

Sponsor will donate one (1) grant of up to $50,000 to the winning Organization to complete the Project identified in the Organization’s Application. In addition to the requirements set forth in the “JUDGING AND WINNER SELECTION” section below, to receive the grant, the Organization must comply with the eligibility criteria.

For the purposes of administering this Program, Justworks may share your application information with a third party to assist in confirming the eligibility requirements outlined in these Terms. Justworks will use the information submitted in your application in accordance with the Justworks Privacy Policy.

Who Can Apply?

To be eligible to apply for and receive the Grant, an organization must (i) be registered as a 501(c)(3) organization in good standing at all times during Program participation, including the Grant fulfillment period, (ii) be located in the United States or the District of Columbia (the “Territory”), and (iii) maintain a mission and work focused on supporting and creating more equitable access for underrepresented population (each, an “Organization”).

Please note that 501(c)(3) organizations that are fiscally sponsored (i.e. a sponsor that provides fiduciary oversight, financial management, etc.) are not eligible for this Program.

Organizations that apply or take steps to participate in this Program are referred to herein as an “Applicant”. No Applicant may be under any legal or contractual obligation that would prohibit their participation in this Program. Individuals applying on behalf of an Organization must be: (a) natural persons who are, as of the date of participation, a legal resident of the Territory, (b) at least eighteen (18) years old and the age of majority in their jurisdiction of residence, and (c) an authorized individual to represent, act, and enter, on your Organization’s behalf. By entering on behalf of your Organization, you represent and warrant that you are a representative authorized to act on behalf of your Organization, enter into contracts on behalf of your Organization (“Representative”), and meet all applicable eligibility requirements listed above. Individuals may not apply as a Representative of more than one (1) Organization.

Employees, officers, directors, members, managers, agents, and representatives of Justworks or any other entities participating in the design, promotion, marketing, administration, or fulfillment of this Programs, or any of their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, and advertising, promotion, and public relations agencies (collectively, the “Released Parties”) and any family member or member of the same household (whether or not related) of any such persons are not eligible to enter or receive a Grant in this Program. For purposes of this Program, the term “family member” is defined as any spouse, partner, parent, legal guardian, child, sibling, grandparent, grandchild, or in-law.

How to Participate

During the Contest Period, Organizations must visit www.justworks.com/springforward (“Website”) and follow the steps to apply through the indicated form (“Application”) for the Contest. The Application consists of the following and must include:

1. Organization name, contact information and purpose

2. Representative contact information, including name, and company email address.

3. Written description of a proposed project for the Organization to undertake that furthers the Organization’s work in creating more equitable access for an underserved or underrepresented population that (i) complies with the instructions provided in the application form, (ii) is no more than the length specified in the application, and (iii) can be completed for $50,000 in one years time (“Project”). 

4. Detailed Project plan, budget and timeline

5. Management Plan and desired impacts

Limit one (1) Application per Organization.

All materials and information provided by the Organization in connection with their participation in the Contest, including, without limitation, all information contained in the Application, is referred to as the “Participant Content.” All Participant Content must comply with the Participant Content Requirements set forth below or Organization’s participation in the Contest may be disqualified in Sponsor’s sole discretion. 

Applications must be submitted and received by Sponsor during the Contest Period in strict accordance with these Terms.  The Website’s clock will be the official timekeeper for this Contest. For purposes of this Contest, only complete Applications that are actually received by Sponsor through the Website and during the Contest Period will be considered. Other proof of submitting or attempting to submit an Application (such as, without limitation, a printed, saved or copied automated receipt confirming entry, a “Thanks for submitting” screen or message) does not constitute proof of actual receipt of the Application for purposes of this Contest. Those who do not abide by these Terms and the instructions of Sponsor and its representatives and provide all required information and materials may, in Sponsor’s discretion, be disqualified. Applications (or participation that does not qualify as an “Application”) that are incomplete, lost, late, misdirected, mutilated, fraudulent, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void.  Applications or participation made on behalf of an Organization by a third party not affiliated or associated with that Organization (as determined by Sponsor in its sole discretion) or originating through any commercial promotion subscription, notification, or entering services will be declared invalid and disqualified for this Contest. No Released Party will have any responsibility or liability for any dispute regarding any Organization. In the event that any dispute regarding an Application or Organization cannot be resolved to Sponsor’s satisfaction, the Application will be deemed ineligible and the Organization disqualified. APPLICATIONS MAY NOT BE ACKNOWLEDGED, WILL NOT BE RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF THE APPLICATION. ANY APPLICATION THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE TERMS MAY, IN SPONSOR’S DISCRETION, BE DEEMED INELIGIBLE.

As a condition of applying, Applicants hereby agree to read, complete, agree to, and sign any additional documentation without alteration that, among other things, provides information for tax and legal compliance purposes and confirms the requirements and conditions of these Terms, if selected as a potential Grant recipient. This includes a grant recipient agreement and/or a marketing release 1) allowing Justworks to use Applicant name and certain other information, including potentially identifying its representatives, of an Organization, and other materials related to the Organization, for publicity and marketing purposes in any media whatsoever; and 2) agreeing to the restrictions and obligations with respect to use of the Grant, including, without limitation, participating in a check-in meeting with Justworks or its representatives to discuss and share progress on project(s) undertaken with the Grant funds.

Submission Requirements

Participant Content must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated Application may be disqualified: 

• Participant Content must be original to the Organization. 

• Participant Content must address the requirements set forth in the “HOW TO PARTICIPATE SECTION.” 

• All Participant Content must be entirely in the English language. 

• If any part of Participant Content depicts, identifies, or includes any person that is not the Representative, the Representative must have all permissions and rights from the individual depicted, identified, or included (and, if such individual is a Minor, their parent or legal guardian) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request. 

• Participant Content must not create or imply any association between Sponsor and any individual or entity or their, or its products or services, including the Organization. 

• Participant Content must not infringe, misappropriate, or violate any rights of any third party, including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity. 

• Participant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, libelous (including trade libel), disparaging, harassing, threatening, profane, obscene, pornographic or otherwise adult-oriented, hateful, indecent, inappropriate, or injurious to any Released Party or any other party.

• Participant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations. 

• Participant Content must be suitable for presentation in a public forum.

• Representative agrees that their and their Organization’s participation in the Contest and agreement to these Terms and any Released Party’s reproduction, display, and use of the Participant Content in accordance with these Terms will not violate any agreement to which Organization is a signatory or party.

Sponsor reserves the right in its sole discretion to disqualify from the Contest any Organization whose Application (in its sole discretion) refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these Terms, including any of the above Submission Requirements.

Judging and Winner Selection

All Applications received in accordance with these Terms will be judged by a panel of Sponsor judges based upon the following criteria (“Criteria”): 

I.   Organizational Overview 

(25 points)

Will be evaluated for the degree to which it explains your Organization’s mission and experience implementing this kind of work in a comprehensive and compelling manner.

II .  Project Focus

(25 points)

Will be evaluated for the degree to which it clearly explains how it creates more equitable access for an underserved or underrepresented population.

III .  Project Description & Expected Impact 

(25 points)

Will be evaluated for the degree to which it is original, informed, theoretically coherent, comprehensive, and feasible.

IV. Management Plan

(25 points)

Will be evaluated for the degree to which it explains how you will mobilize to meet the deliverable deadlines established for the project in a viable manner.

The up to five (5) Organizations receiving the highest total score will be named finalists, subject to verification (“Finalists”). Finalists will be notified on or around the week of September 23rd, 2024 using the contact information provided in the Application and must respond to Sponsor’s Finalist notification in accordance with Sponsor’s instructions within forty-eight (48) hours of Sponsor sending the notification or the Organization may be disqualified and an alternate Finalist selected, in Sponsor’s sole discretion. A Finalist’s failure to respond to Sponsor’s Finalist notification within the timeframe specified in the notification or in the manner requested may result in Finalist’s disqualification and selection of an alternate Finalist in Sponsor’s sole discretion. Sponsor’s decisions with respect to Finalist selection are final and binding and there is no appeal process. Sponsor has no obligation to provide feedback to Organizations on Projects or Project scoring.

Sponsor will work with Finalists to create footage and/or other materials about the Finalist Organization for use online and at a public event announcing the winner. In connection with this, Sponsor may require Organization employees and duly-authorized representatives of the Organization to execute additional releases and consents in connection with the filming and the use of employee likenesses in the footage or other materials created by Sponsor.

Prior to the date of the Spring Forward Community Gathering, all Finalist Applications will be evaluated by a panel of judges based upon the Criteria set forth above. The Finalist receiving the highest score will be the winner, subject to verification. The winning Organization may be referred to as either the “winning Organization” or the “winner” in these Official Rules.

The Representative of the potential winning Organization may be required to complete, execute, have notarized (if applicable), and return (on behalf of the Organization) an Affidavit/Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law), tax documents (if applicable), and related grant-acceptance documents (collectively, “Winner Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or grant may be forfeited. If the Representative or Organization refuses to comply with the foregoing requirements and other requirements of Sponsor, the Organization may be disqualified at any time in Sponsor’s sole discretion with no liability or responsibility to the Representative or Organization. The Winner Documents must be received by Sponsor from the potential winner within fourteen (14) days of Sponsor sending the documents to the potential winner (or other time frame as stated in the Winner Documents) or grant may be forfeited and an alternate winner selected. If any notification or other Contest-related communication is returned as undeliverable, or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be determined (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The grant claim and Winner Documents are subject to verification by Sponsor. The grant, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternates (time permitting) for the grant for any reason.

What Must the Grants Be Used for?

Grant funds must be used for the Project identified in the Recipient’s submitted Application. As previously noted, Project must focus on supporting and creating more equitable access for an underrepresented population. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH REPRESENTATIVE AND ORGANIZATION AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE GRANT OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY GRANT OR PROGRAM-RELATED ACTIVITY (INCLUDING THE RECIPIENTS ANNOUNCEMENT EVENT) INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES’ LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH RECIPIENT AGREES THAT THE GRANT IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE GRANT, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

REPRESENTATIVES AND ORGANIZATIONS UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Additional Disclaimers

Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, Instagram direct message, mail, or Program-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Terms, in any Program-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. Without limiting any other provision of these Terms, no Released Party is responsible or liable for any injury or damage to the persons or property of applicant or any third party based on use by such party of the Applicant Content made available as part of this Program. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by Representative and/or Organization as a result of any form of active or passive filtering of any kind, or insufficient space in Representative’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your email address, or other contact information does not work or is changed without prior written notice to Justworks. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any Representative, Organization or recipient (or any person claiming through such Representative or winning Organization) for failure to supply the grant or any part thereof in the event that any of the Program activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Justworks in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.

Governing Law/Disputes/Arbitration

YOU AGREE THAT THESE OFFICIAL RULES AND YOUR PARTICIPATION IN THE SWEEPSTAKES ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. BOTH YOU AND JUSTWORKS WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.

THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE JUSTWORKS SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER NEW YORK COUNTY, NEW YORK AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR’S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS PROGRAM WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES & PROCEDURES OF JAMS INC. (“JAMS”) OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A “DEMAND FOR ARBITRATION,” THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN NEW YORK CITY, NY OR IN A LOCATION NEAR APPLICANT’S HEADQUARTERS, BUT ONLY IF SO REQUIRED UNDER JAMS RULES. THE FEDERAL OR STATE LAW THAT APPLIES TO THESE OFFICIAL RULES WILL ALSO APPLY DURING THE ARBITRATION. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED WITH ANY OTHER PROCEEDINGS THAT INVOLVE ANY CLAIMS OR CONTROVERSY OF ANOTHER PARTY, INCLUDING ANY CLASS ACTIONS OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN NEW YORK COUNTY, NEW YORK. JUSTWORKS AGREES TO PAY THE ADMINISTRATIVE AND ARBITRATOR'S FEES IN ORDER TO CONDUCT THE ARBITRATION (BUT SPECIFICALLY EXCLUDING ANY TRAVEL OR OTHER COSTS OF ENTRANT TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE PROGRAM.

Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties’ obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.