CLEAR AND SIMPLE SUMMARY OF THE PROGRAM RULES
Here's a clear and simple overview of the Program Rules, which govern your participation in the Chase Community Giving 2012 Program (“National Program”) and the Chase Community Giving Program in Western Washington (“Western Washington Program”) (individually the “Program” and collectively the “Programs”). The full version of the Program Rules can be found below this summary.
· Nomination Period: From June 12, 2012 to July 9, 2012, Chase Customers with a Chase online account, and Chase employees (“Eligible Nominators”) can nominate any charity that is listed on www.ChaseGiving.com (“Potential Charities”) for the Programs. In order to nominate a charity, Eligible Nominators will be required to complete a nomination form. On or about August 6, 2012, any Potential Charities that were nominated and fulfilled the eligibility requirements (“Eligible Nominated Charities”) will move on to the Charity Acceptance Period. At least 2,500 charities will be invited to move onto the Charity Acceptance Period and the Voting Period.
· Charity Acceptance Periods:
· Early Charity Acceptance Period: From August 6, 2012 through August 30, 2012 (“Early Charity Acceptance Period”), all Eligible Nominated Charities will have the opportunity to accept the nomination for the Programs. All Eligible Nominated Charities who accept the nomination for the Programs as described below by August 30, 2012 will equally share a $2.5 million grant. The $2.5 million grant will be equally divided between all of the Eligible Nominated Charities who accept the nomination by the August 30, 2012 deadline.
· General Charity Acceptance Period: From August 31, 2012 through September 19, 2012 (“General Charity Acceptance Period”), all Eligible Nominated Charities who did not accept the nomination during the Early Charity Acceptance Period may accept the nomination for the Programs as described below. If an Eligible Nominated Charity does not accept the nomination in either the Early Charity Acceptance Period or the General Charity Acceptance Period by the September 19, 2012 deadline, it will not be eligible for either the National Program or the Western Washington Program grants.
· Voting Period: Beginning September 6, 2012 and ending September 19, 2012, Chase customers with a Chase online account and Facebook users can vote for their favorite charity (“Eligible Voters”). Chase Customers with a Chase online account will receive two (2) votes on www.ChaseGiving.com. Each vote on www.ChaseGiving.com must be cast for a different Eligible Nominated Charity. Facebook users who allow "Access" to the Chase Community Giving application will receive two (2) votes on the Chase Community Giving application on Facebook. Each vote must be cast for a different Eligible Nominated Charity. Facebook users will have an opportunity to earn one (1) bonus vote on Facebook, as described below. This bonus vote may be cast for any Eligible Nominated Charity even if the Eligible Voter has already cast a vote for the same charity. Chase Customers who are also Facebook users can vote at www.ChaseGiving.com and Facebook. If an Eligible Voter who is a Chase customer casts votes on both www.ChaseGiving.com and Facebook, the Eligible Voter may vote for the same charity twice - once on www.ChaseGiving.com and once on Facebook. The same Eligible Voter may vote a third time on Facebook if that Eligible Voter earns a Bonus vote as described below. The 196 Eligible Nominated Charities who receive the most valid votes as determined by Chase will receive a grant as described below. The National Program grant recipients will be announced on or about September 20, 2012.
· Chase Community Giving Program in Western Washington: A regional program will be conducted in the Western Washington area for the Eligible Nominated Charities located within nineteen (19) counties as defined below and who receive at least one valid vote during the Voting Period (“WW Eligible Nominated Charities”). The Western Washington Program grants will be awarded to the WW Eligible Nominated Charities based upon two (2) criteria:1.) geographic diversity and 2.) diversity of cause. Grant Recipients of the Western Washington Program will be announced on or about October 3, 2012.
Nomination and Voting
NO PURCHASE NECESSARY TO PARTICIPATE, NOMINATE OR VOTE. During the nomination period, Eligible Nominators can visit www.ChaseGiving.com to nominate a charity from the list on the site. All nominated charities that fulfill the eligibility requirements will proceed on to the Charity Acceptance Period and the Voting Period. During the Voting Period, Chase Customers may vote on www.ChaseGiving.com. Facebook users may vote on the Chase Community Giving application after they “Allow” access. Chase Customers who are also Facebook users may vote at www.ChaseGiving.com and Facebook. The nomination/voting process for both Programs is subject to all applicable federal, state and local laws. These Programs are in no way sponsored, endorsed, or promoted by Facebook. By nominating and/or voting, you understand that your information will be provided to Chase and not Facebook. Your information will include any and all information submitted on the nomination form, and/or the information submitted at www.ChaseGiving.com or the Chase Community Giving application on Facebook.
All nominated charities must be recognized as a 501(c)(3) public charity in the GuideStar database as of 12/31/11 and have annual operating expenses less than $10,000,000, and must meet other eligibility requirements found in the full Program Rules.
For information on content submissions, use of Chase trademarks, liabilities, warranties, disclaimers and disputes, as well as the rest of the Program Rules, please see below.
SPONSOR: JPMorgan Chase Bank, N.A., 1111 Polaris Parkway, Columbus, OH, 43240.
Chase Community Giving and Chase Community Giving in Western Washington Programs
These rules (the "Program Rules") govern the Chase Community Giving 2012 program ("National Program”) and the Chase Community Western Washington (“Western Washington Program”) (individually the “Programs” and collectively the “Programs) and set forth the terms and conditions between JPMorgan Chase Bank, N.A. (referred to as "Chase") and each nominated charity, nominator, voter in either the National or Western Washington Program and user of the www.ChaseGiving.com website and Chase Community Giving Facebook application. Participation in these Programs constitutes acceptance of these Program Rules.
How to Participate
NO PURCHASE NECESSARY TO PARTICIPATE. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
How To Nominate a Charity:
Beginning June 12, 2012 at 12:00:01 a.m. Eastern Time (“ET”) and ending July 9, 2012 at 11:59:59 p.m. ET (“Nomination Period”), Chase customers with a Chase online account, and employees (“Eligible Nominators”) can visit www.ChaseGiving.com to nominate charities listed on www.ChaseGiving.com (“Potential Charity” or “Potential Charities”) for the Programs. Chase Customers who do not have a Chase online account may create an account for free. Only charities listed at www.ChaseGiving.com are eligible for nomination. To find a Potential Charity, search the list at www.ChaseGiving.com by name, keywords, or location. To nominate a Potential Charity, an Eligible Nominator must complete the nomination form. At the end of the Nomination Period any Potential Charity that was nominated and fulfills the eligibility requirements as described in the Program Rules (“Eligible Nominated Charities”) will move to the Charity Acceptance Period and the Voting Period. At least 2,500 Potential Charities will be invited to move on to the Charity Acceptance Period.
Eligible Nominators are limited to one (1) nomination per Potential Charity, but may nominate an unlimited number of Potential Charities during the Nomination Period for the Programs. Nominations received from any person or IP address in excess of the limitation per Potential Charity will be void. Nominations generated by script, macro or other automated means or by any means which subvert the nomination process are void.
Charity Acceptance Periods:
On or about August 6, 2012, Chase will attempt to contact each Eligible Nominated Charity to inform the Eligible Nominated Charity that it has been nominated and how to accept the nomination and to participate.
Early Charity Acceptance Period: Beginning August 6, 2012 at 12:00:01 a.m. ET and ending August 30, 2012 at 11:59:59 p.m. ET (“Early Charity Acceptance period”), the Eligible Nominated Charities will have the opportunity to accept the nomination for the Programs. By accepting the nomination, Eligible Nominated Charities who are eligible for both the National Program and the Western Washington Program will be eligible to receive grants from both Programs. Additionally, all Eligible Nominated Charities who accept the nomination as described below by August 30, 2012 at 11:59:59 p.m. ET will equally share in a $2.5 million grant. The $2.5 million grant will be equally-divided between all of the Eligible Nominated Charities who accept their nomination August 30, 2012 at 11:59:59 p.m. ET. Eligible Nominated Charities who do not accept their nomination by August 30, 2012 at 11:59:59 p.m. ET will not be eligible to share in the $2.5 million grant.
General Charity Acceptance Period: From August 31, 2012 at 12:00:01 a.m. ET and ending September 19, 2012 at 11:59:59 p.m. ET (“General Charity Acceptance Period”), all Eligible Nominated Charities who did not accept the nomination during the Early Charity Acceptance Period will have the opportunity to accept the nomination for the Programs as described below. By accepting the nomination, Eligible Nominated Charities who are eligible for both the National Program and the Western Washington Program will be eligible to receive grants from both Programs. If an Eligible Nominated Charity does not accept the nomination in either the Early Charity Acceptance Period or the General Charity Acceptance Period by the September 19, 2012 deadline, it will not be eligible for either the National Program or the Western Washington Program grants.
All Eligible Nominated Charities will be required to do the following to accept the nomination and be eligible for one of the Program grants:
1. assign an administrator who will participate in managing the profile page;
2. submit one (1) of the following financial documents:
a) Form 990 IRS Filing;
b) Audited financials for the most recent fiscal year; or
c) Form 990 N or 990 EZ if Form 990 was not filed with the IRS, and alternative financial statements acceptable to Chase verifying its annual operating expenses,
3. an IRS determination letter,
4. submit a signed and dated W-9 Form, and
5. accept the Program Rules
The final date for all Eligible Nominated Charities to accept the nomination and submit required documentation is September 19, 2012 by 11:59:59 p.m. ET, in order to be eligible for a grant in either the National Program or the Western Washington Program.
The Eligible Nominated Charities will have an opportunity to upload content for voters to review. The final date for Eligible Nominated Charities to upload content is September 14, 2012 at 11:59:59 p.m. ET. The Eligible Nominated Charities will have the opportunity to edit their charity mission statement, provide a donation link for their charity, and submit one (1) video and up to five (5) pictures, at Chase’s sole discretion. All content will be moderated by Chase who will attempt to reject/accept content within 48 hours from the time it is submitted.
The Eligible Nominated Charities must submit the required documentation by September 19, 2012 at 11:59:59 p.m. ET to receive a grant.
How To Vote for a Charity in the National Program
The National Program Voting Period begins on September 6, 2012 at 12:00:01 a.m. ET and ends at 11:59:59 p.m. ET on September 19, 2012 (“Voting Period”). Chase customers with an online Chase account and Facebook users can vote for their favorite charity (“Eligible Voters”).
There are two (2) ways to vote:
1.) www.ChaseGiving.com: During the Voting Period, Chase customers will automatically receive two (2) votes (“Standard ChaseGiving.com Vote(s)”) to cast during the Voting Period by visiting www.ChaseGiving.com and following the directions. Chase customers may also cast votes on Facebook as defined below. Voters on ChaseGiving.com can only cast one (1) Standard ChaseGiving.com vote per charity.
2.) Facebook: During the Voting Period Facebook Users on the Facebook Chase Community Giving application will automatically receive two (2) votes (“Standard Facebook Vote(s)”) to cast during the Voting Period on the Chase Community Giving application found at www.facebook.com/chasecommunitygiving (the “CCG Application”). A Facebook user can only cast one (1) Standard Facebook Vote per charity. Facebook users can earn one (1) bonus vote by sharing content from the CCG Application. Facebook users can share content in one (1) of four (4) ways: 1.) Clicking the “like” button in the CCG Application to share content by having it pushed to his/her Facebook news feed / wall 2.) Clicking the “send” button in the CCG Application to share content with another person; 3.) Clicking the “tweet” button in the CCG Application and tweeting the URL of the content the user want to share with another person; or, 4.) Clicking the “copy link” button in the CCG Application and emailing the URL of the content the user wants to share with another person. If the receiving party links back to the CCG Application through the shared content and casts a vote, the Facebook user who shared the content will earn one (1) bonus vote. The receiving party must link to the CCG Application and vote during the same visit for the sharing Facebook user to receive the extra vote. The sharing Facebook user only will receive the extra vote if the receiving party uses the sharing Facebook users shared link to enter the CCG Application and vote during that visit. The bonus vote earned by the sharing Facebook user can only be cast once he/she has cast his/her two (2) Standard Facebook Votes. The bonus vote may be cast for any Eligible Nominated Charity, including an Eligible Nominated Charity for which the sharing Facebook user has already cast a Standard Facebook Vote. Eligible Voters must return to the Chase Community Giving Application on Facebook to find out whether he/she has earned a bonus vote as it will be displayed in the application header. There is a limit of one (1) bonus vote earned per Eligible Voter.
Eligible Voters who vote at www.ChaseGiving.com and Facebook have the potential of voting a minimum of four (4) times and a maximum of five (5) times. An Eligible Voter who is a Chase customer may be able to vote for the same Eligible Nominated Charity three (3) times, one (1) vote on www.ChaseGiving.com, one (1) vote on Facebook and one (1) bonus vote on Facebook if all requirements are met to earn that bonus vote as outlined above.
In the event of a tie, the National Program grant recipients will be chosen based on who received the most votes first according to the timestamp within Chase's records. On or about September 20, 2012, the National Program grant recipients will be announced on the Facebook Chase Community Giving brand page, as well as at www.ChaseGiving.com.
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 Eligible Nominated Charities later determined to be ineligible, votes achieved through automated means by registering more than one user profile, using another Eligible Voter’s or Eligible Nominator’s e-mail account, Facebook account, and name, as well as those that are achieved through other fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to member of the public, as determined by Chase in its sole discretion, or displaying unsportsmanlike conduct or in a manner otherwise inconsistent with these Program Rules.
Chase will donate the $5,000,000 to the 196 Eligible Nominated Charities who receive the most votes and who have accepted the nomination and fulfill all of the eligibility requirements described in the Program Rules as determined in the Chase’s sole discretion as follows:
o $250,000 to the Charity receiving the most votes;
o $100,000 to the next ten runner’s-up Charity;
o $50,000 to the next thirty-five runner’s–up Charity;
o $20,000 to the next fifty runner’s-up Charities;
o $10,000 to the next one-hundred runner’s-up Charities;
Giving Program in Western Washington
On or about October 3, 2012 the Western Washington Program grant recipients will be announced. Only Eligible Nominate Charities that have a legal address listed in the 2011 Guidestar database within one of the following nineteen (19) counties in the State of Washington to be eligible: Clallam, Clark, Cowlitz, Gray’s Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom and received at least one valid and eligible vote during the Voting Period will be eligible for the Western Washington Program. (“WW Eligible Nominated Charities”) “A Chase Advisory Board will choose the Western Washington Grant Recipients from WW Eligible Nominated Charities based upon the following criteria: 1) geographic diversity and 2.) diversity of causes. WW Eligible Nominated Charities are eligible to receive a grant in both the National Program and the Western Washington Programs. Provided each WW Eligible Nominated Charity meets all the eligibility and other requirements of the Program Rules, Chase will make a total of $100,000 in donations as follows:
o One (1) $50,000 grant;
o Two (2) $25,000 grants;
In order to be eligible to receive a donation through the Programs, a charity must:
· be recognized as a 501(c)(3) public charity in the Guidestar database as of 12/31/11 and be available for selection through the www.ChaseGiving.com website as of 6/12/12;
· be a 501(c)(3) public charity and not be subject to any U.S. sanctions;
· have annual operating expenses of less than $10,000,000 based on most recent IRS filings or otherwise substantiated through audited financial statements;
· be listed in IRS Publication 78;
· not be designated by the IRS as a private foundation;
· not have been awarded any grants through a previous Chase Community Giving program;
· not be a primary educational institution (K-12) or post-secondary educational institution providing at least two or four year degrees or an associated alumni association, fraternity or sorority or other organization, except to the extent they are organized as an independent 501(c)(3) with a separate tax ID, while meeting the eligibility requirements of these Program Rules; and
· use all of the grant received from the National or Western Washington Program to promote or benefit one or more of the following categories: poverty, education, health, military & veterans, animal welfare & environment, and the arts.
NOTE: A charity's failure to maintain its 501(c)(3) status may, in Chase’s sole and absolute discretion, disqualify a charity from either Program or from receiving any or all of a donation awarded through either Program.
Charities may also be deemed ineligible if in Chase's sole and absolute discretion, a charity, its management or affiliated organizations, among other things:
· is, or has been, under any investigation for fraud, misconduct (financial or otherwise) or other criminal activity;
· promotes or suggests, directly or indirectly, the use of firearms/weapons, any illegal drugs, prostitution or pornography, violence, or the underage use of alcohol;
· suggests or encourages, directly or indirectly, the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
· disparages or denigrates 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;
· disparages, denigrates (in writing or otherwise), or acts by means of adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, Chase or participants in the Programs;
· has a primary purpose to advance a religious denomination, expand membership or encourage conversion, or whose programs and services are designed to primarily serve those of a specific religious denomination or faith;
· supports or promotes the pro-life or pro-choice movements;
· spends a significant amount of time advancing a particular political party or candidate or supporting lobbying for any particular party, candidate and/or cause, or expanding or encouraging a membership or a particular political party, candidate or lobbying effort;
· while participating in the Programs, or otherwise conducts itself, in an unsportsmanlike or inappropriate manner;
· entices voters by offering any type of consideration, gift, or award, including merchandise, cash, online currency, or anything deemed to have value in exchange for votes; or
· violates the Program Rules.
Any organization determined to be ineligible at any time will be disqualified. Chase retains the right at its sole discretion to determine eligibility and reserves the right to disqualify any charity at any time for any reason whatsoever. Additionally, Chase reserves the right to eliminate an Eligible Nominator or an Eligible Voter’s involvement and all nominations or votes cast through the Programs if Chase, in its sole discretion, determines the Eligible Nominator or Voter is not abiding by these Program Rules or otherwise acting in an unsportsmanlike or inappropriate manner. Decisions by Chase will be binding and conclusive on all matters.
All charities receiving a grant (“Grant Recipients”) may be required to substantiate it meets the eligibility and other requirements of these Program Rules. Those requirements include, but are not limited to, proof of 501(c)(3) status as well as annual operating expenses of less than $10,000,000. Grant Recipient’s also will be required to complete and return the required grant application and grant agreement and, except where prohibited, a publicity release. If required, documents must be returned within ten (10) days of receipt or that Grant Recipient may be disqualified. No transfer or assignment of the donation is permitted. Grant Recipients should receive all, or a portion (as described below), of their donations 6-8 weeks after Chase determines that eligibility requirements and standards have been met and Chase has received all required documentation. Chase may distribute donations in increments, subject to receipt of consulting services, or pursuant to an implementation plan mutually agreed upon between Chase and the Grant Recipient. Additionally, the Grant Recipients must use their donations in support of their missions and in alignment with these Program Rules. Chase reserves the right to withhold any portion of the donation awarded through both Programs, and the charity may be required to return the donation, in the event of a charity's failure to comply with these Program Rules or the grant agreement between the parties. Federal, State and Local taxes and fees, if any, are the Grant Recipient’s sole responsibility.
Each Eligible Nominated Charity will have the opportunity to post one (1) video, up to five (5) photos, it’s Mission Statement, and other miscellaneous content ("Submission(s)") as instructed by Chase. Each Submission will remain the property of the respective Eligible Nominated Charity who will have sole responsibility and liability for any claims related to those Submissions. However, each Eligible Nominated Charity grants Chase and its affiliated companies a worldwide, non-exclusive, 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 Submissions provided by Charity through the Programs, (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell and sell, rent, lease, or lend copies of the Submissions (and derivative works thereof), and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. Additionally, each Eligible Nominated Charity consents to the use of his/her/its name, statements, photographs, videos, voice recordings and likenesses for publicity purposes, as well as any other purpose associated with the Programs. Each Eligible Nominated Charity agrees such grant and consent is without restrictions or additional compensation or permission of any kind.
Submissions - Charity Profile Pages
Unless otherwise indicated by Chase, Eligible Nominated Charities may edit and post content (as outlined above) on their designated Charity page within the Program’s Facebook application ("Charity Profile Page") beginning on August 6, 2012 at 12:00:01 a.m. ET until 11:59:59 p.m. ET on September 14, 2012. After this time, the ability to edit content may be limited or unavailable. An Eligible Nominated Charity choosing to update its Charity Profile Page will be permitted to do so through one dedicated administrator. Each administrator may be required to provide information sufficient to show that he/she is the authorized representative for the applicable Eligible Charity.
In addition to meeting the specifications listed at the time of submission, each Eligible Nominated Charity represents and warrants that he/she/it will not post, or submit for posting, any content not in English or content referencing, facilitating, containing or using, Prohibited Content. "Prohibited Content" includes, but is not limited to, content that, Chase, in its sole and absolute discretion determine, violates these Program Rules or any applicable law, as well as:
That which promotes, suggests or encourages:
· Gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
· The use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the 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:
· Obscene, 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;
· Content that is 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, 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 Programs;
· Content the primary purpose of which is 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 these Program Rules; or
· Unsportsmanlike conduct.
CHASE RESERVES THE RIGHT, BUT IS NOT OBLIGATED, TO REVIEW, REJECT AND/OR REMOVE SUBMISSIONS AT ANY TIME AS IT DEEMS APPROPRIATE IN ITS SOLE DISCRETION AND THAT THERE MAY BE A DELAY IN POSTING SOME SUBMISSIONS AS A RESULT. CHASE DOES NOT ENDORSE OR GUARANTEE THE ACCURACY OF, AND SPECIFICALLY DISCLAIMS ALL LIABILITY FOR, ALL SUBMISSIONS, INCLUDING POSTS MADE BY ELIGIBLE CHARITIES 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.
In consideration of an Eligible Nominated Charity participating in the Programs, Chase grants to the Eligible Nominated Charity a nonexclusive, non-transferable, revocable license ("Trademark License") to use any Programs "banners," and the trademarks embedded within those "banners," found on the Eligible Nominated Charity Profile Page within the Programs application or websites, but solely in conjunction with its participation in the Programs in accordance with these Program Rules. The Trademark License shall terminate immediately upon notice from Chase or upon the termination of the Eligible Nominated Charity's participation in the Programs, whichever occurs first. Eligible Nominated Charities shall not incorporate any trademarks of Chase, any derivative of those trademarks or any mark which is similar to any Chase trademarks, into Eligible Nominated Charity's name, and shall not use any Chase trademark or any mark similar to any Chase trademark, in the promotion of any products or services other than in the promotion of the Eligible Nominated Charity's participation in the Programs. Notwithstanding anything in these Program Rules to the contrary, Chase, at any time in its sole discretion, may modify or eliminate the "banners" subject to the Trademark License, or limit or terminate the Trademark License, with or without cause.
Title and ownership to Chase's marks, including, but not limited to, trademarks, domain names, logos as well as any other branding element of Chase shall remain with Chase. Except as otherwise provided in these Program Rules, no right or license is granted to any third party as it relates to any copyright, patent, or trademark of Chase.
Warranties and Disclaimers
Eligible Nominators, Eligible Voters, and Eligible Nominated Charities represent and warrant that anything submitted through the Programs does not: (a) infringe on the intellectual property rights of a third party; (b) contain confidential information that violates any obligation of confidentiality; (c) contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; and (d) contain information that is unlawful, inappropriate, slanderous, libelous, defamatory, disparaging discriminatory, indecent, obscene, hateful or tortuous. Furthermore, Eligible Nominators, Eligible Voters, and Eligible Nominated Charities represent and warrant each have not and will not take any action that interferes with the rights granted to us under these Program Rules.
THE PROGRAMS MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS AND IS PROVIDED "AS IS" 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 PROGRAMS. THE ENTIRE RISK AS IT RELATES TO THE PROGRAMS IS ASSUMED BY NOMINATORS, VOTERS AND CHARITIES.
Limitation of Liability
Chase, in its sole discretion, reserves the right to suspend, cancel or modify the Programs without notice or liability if the integrity of either Program is compromised in any manner as determined by Chase, or if the Programs are not capable of being conducted as intended by the Chase. Chase assumes no responsibility for any loss or damage to Eligible Nominators, Eligible Voters, and Eligible Nominated Charities, or to any other person's computer relating to, or resulting from, entering, accessing or downloading any information or software in connection with the Programs or otherwise participating in the Programs. Chase and its agents are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, problems with the platform on which the Programs applications run, tabulation of nominations and/or votes, the incorrect uploading of video and/or photos, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the Eligible Nominators, Eligible Voters, and Eligible Nominated Charities, for printing or typographical errors in either Program-related materials, or by any of the equipment or programming associated with or utilized in the Programs, or by any human or other errors that may occur in connection with the Programs.
Release and Indemnity
Nominators, voters, and charities release Chase, and its parent, affiliates, subsidiaries, officers, directors, agents, employees, Facebook, Inc., and all others associated with the development and execution of the Programs, from any and all liability with respect to, or in any way arising from, the Programs, including, but not limited to, any suspension, modification or cancellation of either Program, Submissions received or posted, and/or acceptance or use of the donation, including liability for personal injury, death, damages or loss. Chase is not responsible for donation quality or utility. Furthermore, by participating in the Programs, Eligible Nominators, Eligible Voters and Eligible Nominated Charities agree to indemnify, defend and hold harmless Chase, it agents, 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 any breach of these Program Rules.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CHASE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
Governing Law and Disputes
Except where prohibited, Eligible Nominators, Eligible Voters and Eligible Nominated Charities agree that: (a) any and all disputes, claims and causes of action arising out of or connected with the Programs or any donation awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York, New York, U.S.A.; (b) all issues and questions concerning these Program Rules and the Programs shall be governed by and construed in accordance with the laws of New York, U.S.A., without giving effect to any choice of law or conflict of law rules.
Chase may, in its sole and absolute discretion, choose to feature certain Eligible Nominated Charities in either Program related materials. Being featured does not indicate Chase's preference for or endorsement of that particular Eligible Nominated Charity, its cause, or Submissions. Chase will not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Chase. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. The pages within the ChaseGiving.com and the Chase Community Giving application on Facebook, including, but not limited to, the Eligible Nominated Charity Profile Pages, may contain links to other third party web sites. We do not control, nor are we responsible for, endorse or guarantee the content, products, services or other information or recommendations provided by linked sites, and are not liable for reliance on or use of such items on those sites. Your access, use and reliance upon such content, products or services are at your own risk. The Programs are in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. and any questions regarding the Programs should be directed to Chase.
Sponsor: JPMorgan Chase Bank, N.A., 1111 Polaris Parkway, Columbus, OH, 43240.