Covet Fashion Threading Change Grant Initiative

AN INTERNET CONNECTION IS REQUIRED AND CONNECTION FEES MAY APPLY.

OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT THE TIME OF APPLICATION AND WHO MEET THE ADDITIONAL ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES.

1. SPONSOR: The COVET FASHION Threading Change Grant Initiative (the “Program”) is sponsored by Glu Mobile Inc., 875 Howard St., #100, San Francisco, CA 94103 (“Sponsor”).

2. ELIGIBILITY: The Program is only open to individual applicants who: 

(a) are legal residents of one of the 50 U.S. states (including the District of Columbia); 

(b) are at least the minimum age of majority in their state or district of residence at the time his/her Application (as defined below) is submitted; 

(c) self-identify as Black, Indigenous, or a Person of Color; 

(d) own at least fifty-one percent (51%) of a Qualifying Business (as defined below) (the “Applicant Business”); and

(e) submit a valid Application (each, an “Applicant”).  

“Qualifying Business” means a for-profit business (which may include a sole proprietorship, partnership, corporation, or limited liability company) that (1) provides goods or services within one of the following fashion industry categories: fashion design, hair styling, makeup art, fashion photography, or clothing styling, and (2) is based in, operates in, and is organized or incorporated under the laws of one of, the fifty (50) United States (including the District of Columbia).

The Program is not open to Applicants who:

aa) are employees, shareholders, subsidiaries, affiliates, officers, directors, agents and representatives of Sponsor or any entity which is involved in any aspect of the creation, production, operation, execution or fulfilment of the Program; 

bb) are immediate family members (defined as parents, children, siblings, domestic partner, husband, or wife) or household members (defined as those people who share the same residence of such Applicant at least three (3) months a year) of such individuals listed in clause aa) above; or

cc) are prohibited by applicable law from entering the Program.  

The Program is void where prohibited.  Sponsor will determine, in its sole discretion, whether an Applicant meets the eligibility requirements, and Sponsor’s decisions regarding eligibility are final and binding. 

3. APPLICATION PERIOD: The Program begins on October 21, 2020 at 10:00 a.m. Pacific Time and ends on November 4, 2020 at 11:59 p.m. Pacific Time (the “Application Period”). APPLICANTS ARE RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. Sponsor’s computer systems will be the official timekeeping device for the Program.  Applications that are submitted before or after the Application Period will be disqualified. 

4. HOW TO APPLY: To apply to the Program, Applicants must complete the online application form available at https://www.surveymonkey.com/r/ThreadingChange during the Application Period (each, “Application”).  A maximum of one (1) Application per Applicant, per email address, per Applicant Business, will be accepted; Applications in excess of the stated maximum will be void.  All Application Materials (as defined below) must comply with all restrictions and requirements posted on the Application website or otherwise communicated by Sponsor.  You represent and warrant that (i) you have all rights in and to all Application Materials necessary to disclose and submit such Application Materials to Sponsor for use in connection with the Program and these Official Rules, (ii) Sponsor’s use of your Application Materials in connection with the Program and these Official Rules, and exercise of any of the rights granted to Sponsor under these Official Rules, will not infringe upon any rights of any third party (including without limitation any intellectual property rights, rights of publicity, or personal rights) or violate any applicable laws, rules or regulations, and (iii) your Application Materials do not and will not contain any virus, worm, malware or other harmful or malicious software or code.  You understand that Internet access and device data usage charges and any other charges imposed by your mobile plan and/or online service may apply when completing an Application. Contact your wireless carrier and/or check your mobile plan for data usage pricing plans and details.  “Application Materials” means all information and materials included as part of your Application, including any Supplemental Application Materials provided in accordance with the terms of Section 5 and any other materials you provide or otherwise make available to Sponsor in connection with the Program.

An Applicant may be disqualified from the Program if Sponsor determines, in its sole discretion, that an Applicant violates the terms of these Official Rules or violates Sponsor’s Terms of Use, available at https://www.glu.com/terms/, as may be amended by Sponsor from time to time. Sponsor is not responsible for lost, interrupted or unavailable network server or other connection; miscommunications; failed phone or computer or telephone transmissions; technical failure; jumbled, scrambled or misdirected transmissions; late, lost, incomplete, delayed, inaccurate, invalid, un-intelligible, or misdirected Applications; or other error of any kind whether human, mechanical, or electronic. Limit one (1) Application per Applicant, per email address, per Applicant Business. Applications received or ranking status attained based on any tampering (cheating) or foul play will render that Applicant ineligible to receive any Grant (as defined below in Section 7) under the Program, and may result in Applicant no longer being allowed to enter Sponsor’s other programs or promotions in the future, at Sponsor’s sole discretion. All Application Materials submitted during the Application Period, or thereafter in accordance with the terms of Section 5, become the property of Sponsor and will not be acknowledged or returned. By submitting any online comments, you grant Sponsor an unrestricted, non-exclusive license to the content.  Applicant must provide all information requested, and complete the Application in its entirety. Incomplete, unreadable or unintelligible submissions will be void. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Application, the Authorized Account Holder of the email address used to submit the Application will be deemed to be the Applicant. The “Authorized Account Holder” is the natural person who is assigned an account by the Internet access provider, online service provider, or other organization responsible for assigning such accounts or the account associated with the submitted email address.  Each potential Grant Recipient (as defined below in Section 5) may be required to show proof of being the Authorized Account Holder. Applicants may not register with multiple email addresses, nor may Applicants use any other device or artifice to register multiple times or submit multiple Applications.  Any Applicant who attempts to enter with multiple e-mail addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any Grant they may otherwise be entitled to under the Program, in Sponsor’s discretion.  Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Program or to be acting in violation of these Official Rules. 

5. GRANT RECIPIENT DETERMINATION:  All valid Applications successfully submitted during the Application Period will be judged by a panel of one or more qualified judges determined by Sponsor in its sole discretion, which may include one or more of Sponsor’s employees and/or contractors (the “Judging Panel”).  Applications will be judged by the Judging Panel based on the following criteria:

a. Applicant’s brand: how the Applicant Business shows up in the fashion space and what sets it apart from other businesses;

b. Applicant’s message: how the Applicant Business aspires to broaden the conversation about fashion and lead with purpose;

c. Applicant’s plan: the Applicant Business’s plan for growth and how being selected for a Grant under the Program will help the Applicant Business get there. 

d. Applicant’s BIPOC story/journey: the Applicant’s personal story and why inclusion is important to the Applicant’s brand.

On or around November 11, 2020, the Judging Panel will select up to ten (10) finalists (each a “Finalist”).  Being selected as a Finalist does not guarantee that you will be selected to receive a Grant.  Sponsor will notify each Finalist via email using the email provided in each Finalist’s Application (the “Finalist Notification”), and will announce the Finalists on certain of Sponsor’s websites and/or social media channels, as determined by Sponsor.  Finalists must confirm receipt of the Finalist Notice within three (3) days of Sponsor’s delivery of such notification, and must promptly provide Sponsor any additional information and documentation requested by Sponsor, which may include financial statements for the Applicant Business, corporate formation documents for the Applicant Business, and tax identification documents for the Finalist and the Finalist’s Applicant Business (any and all such additional information and documentation, collectively, the “Supplemental Application Materials”).  Sponsor reserves the right in its sole discretion to disqualify any Finalist in the event such Finalist fails to confirm receipt of the Finalist Notification within three (3) days of Sponsor’s delivery of such notification, or fails to promptly provide Sponsor with any Supplemental Application Materials requested by Sponsor.  Following Sponsor’s receipt of all Supplemental Application Materials, the Judging Panel will evaluate the Finalists’ Applications (including all Supplemental Application Materials) based on the above judging criteria.  On or around November 30, 2020 (the “Selection Date”), the Judging Panel will select four (4) potential Grant recipients (each a “Grant Recipient”) from the Finalists.  All decisions of the Judging Panel in all matters relating to the Program are final and binding.  

6. NOTIFICATION AND DELIVERY: Sponsor will notify each potential Grant Recipient by email message on or around the Selection Date. Such notification will be delivered in English. Within three (3) days of the Sponsor’s notification, each potential Grant Recipient must execute Sponsor’s form of grant agreement, and must also supply any additional information and documentation requested by Sponsor for the administration of the Program in English, including an affidavit of eligibility and liability/publicity release, and any tax forms requested by Sponsor, including without limitation an executed IRS W-9 tax form.   Potential Grant Recipients are subject to verification, including verification of age. If a potential Grant Recipient cannot be contacted, is ineligible as determined by Sponsor, fails to comply with these Official Rules, fails to respond to the notification within the required time period, fails to execute Sponsor’s form of grant agreement, fails to provide any requested information or documentation, or if the Grant or notification is returned as undeliverable, he/she forfeits the applicable Grant. In the event that a potential Grant Recipient is disqualified for any reason, including ineligibility or forfeiture, Sponsor reserves the right to award the Grant to an alternate Grant Recipient, as elected by Sponsor in its sole discretion. Only two (2) alternate Grant Recipients will be contacted, after which the Grant will remain un-awarded.  Sponsor is not responsible for any change of email address or other contact information of any potential Grant Recipient. 

7. GRANT AWARDS: Four (4) Grants:  A grant in the amount of Ten Thousand United States Dollars (USD $10,000.00) (each a “Grant”) will be awarded to each of the four (4) verified Grant Recipients, subject to the terms of these Official Rules.  Maximum of one (1) Grant per person, per email address, per Applicant Business.  Grant Recipients are solely responsible for all national, federal, state, and/or local taxes, and local contribution, and for any other fees or costs associated with the Grant, if any. Sponsor will report the Grant amount as income to the IRS, and will file any applicable forms with the IRS and any other appropriate taxing authority.  Each Grant is non-transferable.  Following verification of the Grant Recipients, Sponsor will pay each Grant to the applicable Grant Recipient via wire transfer, ACH payment or such other method of payment as elected by Sponsor in its sole discretion, and each Grant Recipient will promptly provide any payment information requested by Sponsor.  Each Grant will be used solely for legitimate business expenses associated with the applicable Grant Recipient’s Applicant Business in accordance with all applicable laws, rules and regulations, and in accordance with the terms and conditions set forth in the grant agreement.  Sponsor reserves the right not to award some or all of the Grants in the event that Sponsor does not receive a sufficient number of valid Applications meeting the required eligibility criteria set forth in these Official Rules during the Application Period, or as otherwise contemplated in these Official Rules. 

Grant Recipients will also have an opportunity to participate in certain community and social media amplification initiatives provided by Sponsor in calendar year 2021, as determined by Sponsor, and in each case subject to the mutual written agreement of Sponsor and each Grant Recipient.  This may include amplification via COVET FASHION’s channels consisting of up to four (4) in-game features over the course of a 30 day period and supported by social media promotion, as determined by Sponsor.

8. PUBLICITY RIGHTS: You hereby grant to Sponsor a non-exclusive, worldwide, royalty-free, fully-paid, perpetual, irrevocable, transferable and sublicensable license to (i) use, reuse and feature your name, image, voice, biographical information, and likeness, and any reproduction, derivative, or simulation of any of the forgoing, within and in connection with any marketing, publicity, advertising or promotional materials developed and/or distributed by or on behalf of Sponsor in connection with the Program and/or Sponsor’s COVET FASHION mobile video game, in all media formats and channels now known or hereafter developed, and (ii) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Applicant Business’s name, logo, and other brand features within and in connection with any marketing, publicity, advertising or promotional materials developed and/or distributed by or on behalf of Sponsor in connection with the Program and/or Sponsor’s COVET FASHION mobile video game, in all media formats and channels now known or hereafter developed.

9. CONFIDENTIALITY; PUBLICITY:  Sponsor will use commercially reasonable efforts to keep confidential any non-public financial and business information provided as part of your Application; provided, however, that the foregoing will not apply to any information that (a) becomes publicly available through no fault of Sponsor, (b) was already in Sponsor’s possession prior to disclosure to Sponsor as part of your Application, or (c) is rightfully received by Sponsor from a third party.  Notwithstanding the foregoing, Sponsor may disclose any such information (i) to Sponsor’s, and its affiliates’, employees, agents and third party contractors and service providers in connection with the administration of the Program, and (ii) as may be required in connection with any judicial or other governmental order or any applicable laws, rules or regulations.  You will not issue any press release or make any public announcement or statement about the Program, including in relation to your selection as a Finalist or a Grant Recipient within the Program (as applicable), or authorize any third party to do any of the foregoing, unless you obtain Sponsor’s prior written approval.  You acknowledge that Sponsor may currently be considering or developing, and may in the future consider or develop, business ideas, products and/or technologies similar to or competitive with those disclosed or described in your Application.  Nothing in these Official Rules shall prevent Sponsor from pursuing any ideas, products, technologies or businesses (either internally or through relationships with, investments in, or representation of third parties) that are similar to, competitive with or related to those disclosed  or described in your Application.   

10. RELEASE: Applicant agrees to release and hold harmless Sponsor, its subsidiaries and affiliated companies, units and divisions; and their advertising and promotional agencies or marketing partners and service providers; each of their respective officers, directors, agents, representatives and employees; and each of these companies’ and individuals’ respective successors, representatives and assigns (collectively, the “Released Parties”) from and against any claim, liability, or cause of action, including, but not limited to, damage to or loss of property, arising out of participation in the Program, any breach of these Official Rules, or receipt or use or misuse of any Grant.

11. GENERAL CONDITIONS: Except where prohibited by applicable law, participation in the Program constitutes each Applicant’s consent to Sponsor’s use of his or her name, city, state, and county, likeness, photograph, statements made by the Applicant about the Program, Sponsor, and/or Grant information for purposes solely related to the Program in any media without further payment or consideration, including, but not limited to, posting lists of the Finalists and Grant Recipients online. Applicant hereby grants to Sponsor, to the extent permitted under applicable law, a non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, transmit via the Internet, and display Applicant’s Application Materials (subject to the terms of Section 9), in whole or in part, solely for the purpose of administering this Program. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer or phone problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper completion of the Program. Any attempt by any person to deliberately damage the Program or related websites or undermine the legitimate operation of the Program may be in violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If the Program or a particular portion thereof is canceled or terminated before the designated end date of the Application Period for any reason, Sponsor may (if possible) select the Grant Recipients based on the Applications received as of the date of the event giving rise to the termination and that are in complete compliance with these Official Rules. This shall be each Applicant’s sole and exclusive remedy in the event the Program is so terminated or cancelled.  Only the type and quantity of Grants described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules will be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. 

12. LIMITATIONS OF LIABILITY: Except as provided by applicable law, and as specifically set forth below, the Released Parties are not responsible, to the extent permitted by law, for: (A) any incorrect or inaccurate information, whether caused by Applicant, printing errors or omission or by any of the equipment or programming associated with or utilized in the Program; (B) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (C) unauthorized human intervention in any part of the Application process or the Program; (D) technical or human error which may occur in the administration of the Program or the processing of Applications; or (E) any injury or damage to person or property which may be caused, directly or indirectly, in whole or in part, from Applicant’s participation in the Program or receipt or use or misuse of any Grant. If for any reason an Applicant’s Application is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Applicant’s sole remedy is another Application in the Program provided that if it is not possible to submit another Application due to discontinuance of the Program, or any part of it, for any reason, Sponsor, at its discretion, may elect to allow the Applicant to enter a subsequent program to the extent Sponsor holds any such future program, as determined by Sponsor in its sole discretion. No more than the stated number of Grants will be awarded. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of Grants as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of Grants in accordance with the terms of these Official Rules. 

NOTHING IN THESE OFFICIAL RULES SHALL DISCLAIM, LIMIT, OR EXCLUDE LIABILITY FOR ANY LIABILITY THAT MAY NOT BE DISCLAIMED, LIMITED, OR EXCLUDED PURSUANT TO APPLICABLE LAW. 

13. PRIVACY POLICY: The Applicants acknowledge and understand that all personal information submitted as part of this Program will be collected and processed by Sponsor for the purpose of managing the Program, and such additional purposes contemplated in connection with applying or participating in the Program, in accordance with Sponsor’s privacy policy. Applicants can read more about their rights, how Sponsor handles Participant’s personal information, and how to contact Sponsor in its privacy policy, available at http://www.glu.com/privacy. By participating in the Program, Applicants acknowledge all of the terms and conditions of Sponsor’s Privacy Policy and agree to the terms and conditions of Sponsor’s website.

14. APPLICABLE LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Applicant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Some jurisdictions do not allow for limitations of certain remedies or damages and so this provision may not apply to you.  

15. DISPUTES/ARBITRATION: By participating in the Program and to the extent permitted by applicable law, you agree that the exclusive jurisdiction for any dispute, claim or demand related in any way to the Program will be decided by binding arbitration. All disputes between you and Sponsor or anyone associated with the production, development or handling of this Program, of whatsoever kind or nature arising out of the Program or the terms of these Official Rules, shall be submitted individually, without resort to class action, to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration, under its rules then in effect, in San Francisco, California, USA, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred and that, unless prohibited by applicable law, under no circumstances will participant be permitted to obtain awards for, and participants hereby waive all rights to claim, punitive, incidental and consequential damages and any damages other than actual out-of-pocket expenses. 

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