1Upon review and approval, Facebook Inc. (referred to herein as “Facebook” or “we”) will facilitate grant awards (“Grant(s)”) to support Facebook Groups to come together in New Zealand. Administrators from Eligible Facebook Groups (as defined below) are invited to apply for a Grant (“Applicants”) from the Facebook New Zealand Groups Fund, to support an Eligible Activity (as defined below) related to that Group. By applying for a Grant, an Applicant (also referred to as “you” in these terms) agrees to these Terms and Conditions.
1. To be eligible for a Grant, the Applicant must:
a. Be designated as a Group Administrator of an Eligible Facebook Group;
b. Hold a New Zealand bank account, in the name of the Applicant;
c. Be an New Zealand Resident;
d. Be at least 18 years of age; and
e. Comply with all applicable terms and policies governing the use of Facebook apps and services, including but not
limited to Facebook’s Terms of Service and Community Standards.
2. An Eligible Facebook Group (or “Group”) is one which is in good standing and engaged in activities and discussions that are anchored on making a positive impact and providing opportunities for communities to come together, rather than demeaning other people, groups, or points of view. The Group must also comply with all applicable terms and policies governing the use of Facebook apps and services, including but not limited to the Terms of Service and Community Standards.
3. An Eligible Activity is one which is based in New Zealand that requires funding to support the purpose, facilitation, and ongoing activities of the Group. For example, the Grant may be used to fund a variety of events, resources, tools, and access that empower face-to-face or in-person ("offline") activities of the Group and their members.
4. Facebook is looking for Groups that have a positive impact and provide valuable opportunities for communities to come together. That can come in many forms and for that reason, we will take a variety of matters into consideration, including:
a. whether the Eligible Activity:
i. Builds social inclusivity and support;
ii. Supports communities from diverse backgrounds;
iii. Bridges the divide between remote and regional communities;
iv. Builds connections through sport and recreation;
v. Includes the participation of Group members;
vi. Occurs for the betterment of the Group members in New Zealand and/or the wider New Zealand
b. whether the Applicant or any relevant Group Administrator or the Group itself satisfies any probity matters that
Facebook considers relevant.
Ineligible Applicants, Groups, Activities and applications
5. We want to avoid any perceptions of unfairness, so unfortunately Groups where any Group Administrator or their immediate family are employees or contractors of Facebook, Good2Give (our service provider for the Program) or any of their subsidiaries or affiliated companies are ineligible to apply for a Grant.
6. We take into consideration a variety of matters, including whether the Group is affiliated with any governmental body (both domestic and foreign) or political party. As such, any Applicant or any relevant Group Administrator who is a Public Official must declare their connection to a governmental body or a political party on the application form. (Note, Public Official includes officials, employees, representatives or anyone else acting in an official capacity for or on behalf of a government, government agency or other administrative authority or judicial or quasi-judicial body (whether elected or appointed, including for example, legislators, regulators, police, members of the military (e.g., Defence Force), judges, tribunal members, federal, state or local council members), state-owned/controlled enterprises (including for example, employees of public universities, executives at state-controlled companies); political parties or campaigns; public international organizations (including for example, U.N. officials); and candidates for public office, and any person acting on behalf of or any relatives, household members or associates of any of those listed above).
Groups focused on or intending to use Grants for the following activities are also ineligible to apply for a Grant:
b. Political campaign activities (e.g. on behalf of an active candidate for elected office);
c. Political lobbying activities;
d. Commercial activities or commercial sponsorships;
e. Capital investment activities; or
f. Requests for funding for retrospective activities.
8. Incomplete or late applications or applications that do not comply with these Terms and Conditions will not be eligible.
9. Applicants representing an Eligible Facebook Group may be considered for a Grant between the value of NZ$ 500- NZ$ 5,000, to fund an Eligible Activity. The value of the Grant(s), if any, will be determined by Facebook in its sole discretion and may be different than the amount requested by the Applicant. The maximum number of Grants awarded will be twenty (20).
Application and Grant Process
10. Grant applications must be submitted online through the online application form at www. fbgroupsfund.co.nz. The application period begins at 5:00:00pm NZDT on 4 December 2019 and closes on 23 January 2020 at 11:59:59pm NZDT or when Facebook has received 500 applications, whichever comes first (“Grant Period”).
11. Applicants may receive acknowledgement of receipt of their submitted application by email to the address provided in the application.
12. Applications must meet the following requirements:
a. Be truthful and accurate;
b. Not infringe, misappropriate, or violate any rights of any third party including, without limitation, rights of privacy
or publicity; and
c. Only include content about persons or entities from whom the Applicant has all necessary permissions and rights, including, if applicable, a minor’s parent or legal guardian. Applicant must be able to provide documentation
proving such permissions and rights, upon request.
13. Every application will be evaluated in a multi-phase consideration process, including checking eligibility, compliance with applicable terms and policies governing the use of Facebook apps and services and judging each application on its merits. A selection committee will be assembled from external advisors and Facebook staff to make final selections. All of Facebook and Good2Give’s decisions relating to this Program are final.
14. Selected Applicants who are deemed potential finalists must undergo probity checks and screening as part of the Grant process. Any receipt of Grant funds is subject to Facebook being satisfied about any probity matters it considers relevant in relation to the Applicant, other co-Group Administrators, and the Group itself.
15. Facebook and/or its third-party service providers may request additional information from Applicants to satisfy any such probity matters. Such information may include:
a. Bank account information;
b. Criminal record Check;
c. Government issued identification; and/or
d. Voice or video phone screen with Good2Give and/or Facebook.
16. Applicants consent to any of Facebook's third-party service providers disclosing the results of any due diligence to Facebook for the purposes of the application.
17. Facebook may use third party sources to screen, verify, and otherwise check the credentials, banking information, compliance, and other information relating to the Group if it is selected as a potential Grant recipient and also once it is a confirmed Grant recipient, and Applicant agrees to sign related documentation as requested and within the timeframe requested by Facebook.
18. We will attempt to notify successful Applicants by email to the address provided in the application. If an Applicant cannot be contacted within ten (10) days or does not respond as instructed in the notification email, the Grant will be forfeited and the other Group Administrators or members of that Group will not be eligible to receive the Grant in place of the Applicant.
19. We will only consider one application per Group for the Grant. Should multiple applications be received for a Group, only the first application will be assessed. Applicants who do not receive a Grant in this round of Grant funding may be eligible to apply for other or future rounds of Grant funding that may be offered by Facebook (subject to those program terms).
20. We have engaged a third-party, Good2Give G, 12 HOLTERMANN STREET, CROWS NEST New South Wales 2065, to help us administer the Grant process, including processing and validating applications and distributing the Grant funds to successful Applicants. Good2Give may also engage other authorised third parties to help with certain probity checks (such as criminal record checks).
Award of Grants
21. Good2Give will administer the distribution of Grants to successful Applicants. Grants will only be paid directly to the Applicant’s bank account, subject to verification.
22. On a best endeavours basis, Grants must be expended on the Eligible Activity by 15 December 2020.
23. Facebook reserves the right to request, at any time, reasonable documentation from any Grant recipient evidencing his or her use of the Grant in accordance with the activities described in the Grant recipient’s application and/or in furtherance of the purpose of the Program. Each Applicant understands that should he or she fail to use the Grant in accordance with the purpose of the Program and/or use the Grant to fund activities that are inconsistent with Facebook’s values and/or harmful to Facebook’s reputation, Facebook may rescind the Grant and/or demand repayment of any Grant funds that have been paid to the Grant recipient.
24. As a condition of participating, Applicant hereby agrees, as applicable, to read, complete, agree to, and sign additional documentation that confirms the requirements and conditions of these terms, if selected as a potential Grant recipient, which may include a Grant Agreement from Facebook and Good2Give.
25. If the application is selected to receive a Grant, the Applicant agrees that Facebook may showcase the Applicant, the Group, and its application, including using any materials which the Applicant has provided to Facebook relating to the application or the Eligible Activity, for Facebook’s promotional and marketing purposes. Applicant agrees that if his/her Eligible Group receives a Grant, (s)he will assist Facebook in obtaining signed documentation from Group members, as applicable, allowing Facebook to use such members’ names, images, and content for marketing or publicity purposes.
26. Successful Applicants are encouraged, but not required, to post about the Group activity or activities that were funded by the Grant within six months of the award of the Grant.
27. Facebook may use, share, transfer, and retain the information provided as part of the application and that which Facebook may obtain during any further communications with the Applicant in accordance with the Facebook Data Policy (https://www.facebook.com/policy.php).
28. Some parts of the application and/or assessment process may require you to provide your personal information to a third party. For example, selected Applicants who are deemed potential finalists will be required to undergo probity checks (including criminal record checks) which may be administered by Facebook's chosen third party service providers via third party websites. If you click on a link to a third-party website, you will be subject to that third party's privacy policies.
29. If you disclose to Facebook, or a third party acting on Facebook’s behalf, personal information about another individual, you warrant that you have obtained that individual’s prior authorisation to the collection, use, and disclosure of their personal information for the purposes and as set out in these Terms and Conditions and the Facebook Data Policy.
Limitation of Liability
30. EACH APPLICANT AND EACH OF ITS GROUPS’ MEMBERS AND REPRESENTATIVES, AGREES TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES (AS DEFINED BELOW) FOR ANY LIABILITY WHATSOEVER ASSOCIATED WITH PARTICIPATION IN THIS PROGRAM, INCLUDING, WITHOUT LIMITATION, FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF ANY GRANT, OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY GRANT- OR GRANT PROGRAM-RELATED ACTIVITY. EACH GRANT 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 ITS USE OR ENJOYMENT.
31. BY PARTICIPATING IN THIS PROGRAM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, U.S.A., AND ANY SIMILAR LAW IN ANY JURISDICTION, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
32. These Terms and Conditions, as well as the Program, may be cancelled or amended at any time, for any reason at the discretion of Facebook.
33. Reference to “Facebook” in these terms means Facebook, Inc., Good2Give, and their parent companies, affiliates, divisions, franchisees, representatives, consultants, sub-contractors, suppliers, distributors, vendors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies are collectively the “Released Parties.”
34. Facebook takes no responsibility for the acts or omissions of any Applicant or the use of Grant funds once distributed to the Applicant. Facebook will not be take part in, or be responsible for resolving, any dispute which might arise amongst successful Applicants, the other Group Administrators or any member of the relevant Group in relation to an application, prospective Grant or confirmed or distributed Grant.
35. This program and any dispute arising under or related thereto (whether for breach of contract, tortious conduct, or otherwise) will be governed by the laws of the State of California, USA, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of the laws of any other jurisdiction. Any legal actions, suits or proceedings related to this Grant program (whether for breach of contract, tortious conduct, or otherwise) will be brought exclusively in the state or federal courts located in or having jurisdiction over San Mateo County, California, USA, and each Applicant accepts and submits to the personal jurisdiction of those courts with respect to any legal actions, suits or proceedings arising out of or related to this program. Except where prohibited by law, any and all disputes, claims, and causes of action between an applicant and any Released Party arising out of or connected with this Grant program or these terms must be resolved individually, without resort to any form of class action. Further, and to the extent permitted by law, in any such dispute, under no circumstances will an applicant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than the applicant’s actual out-of-pocket expenses (if any), not to exceed ten New Zealand Dollars (NZ$10) and each applicant further waives all rights to have damages multiplied or increased.
36. Applicants agree to not damage or cause interruption of the Grant program and/or prevent others from participating in the Grant program. Facebook reserves the right to restrict or void participation from any IP address, email address or domain, device, or other designator or identifiable source if any fraudulent or harmful participation is suspected, as determined by Facebook in its sole discretion. Facebook further reserves the right to disqualify any Applicant who Facebook believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Grant program. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GRANT PROGRAM MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, FACEBOOK MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
37. If Facebook determines at any time in its sole discretion that a Grant recipient is disqualified, ineligible, or in violation of these terms, Facebook reserves the right in its sole discretion to select an alternate Grant recipient, even if the disqualified potential recipient’s name may have been shown or announced.
38. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Grant program-related materials and these terms (including any alleged discrepancy or inconsistency within these terms), it will be resolved by Facebook in Facebook’s sole discretion. Applicants waive any right to claim ambiguity in the Program or these terms. Facebook's failure to, or decision not to, enforce any provision in these terms will not constitute a waiver of that or any other provision. The invalidity or unenforceability of any provision of these terms will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these terms will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained in these terms.
39. Without limiting any other provision in these terms, the Released Parties are not responsible or liable to any Applicant (or any person claiming through such Applicant) for any inability to proceed with the Grant program at any stage or failure to provide a Grant or any part thereof, in the event that any of the Grant program activities or Facebook’s operations or activities are affected, as determined by Facebook, by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Facebook in its sole discretion).
40. Where required or compelled by law, we may withhold, deduct, reduce or set-off an amount from a Grant.