Fast Break Terms and Conditions - Accion Opportunity Fund

Terms and Conditions of the Fast Break for Small Business Grant Program

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT IMPROVE AN APPLICANT’S CHANCES OF WINNING.

The Fast Break for Small Business program (“Program”) will begin on May 10, 2022 at 8:00 a.m. EDT and end on May 27, 2022 at 11:59 p.m. EDT (“Program Period”).  The Program is subject to all applicable federal, state and local laws.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

ELIGIBILITY:

  • Business must be currently operating and must have been in operation for at least six (6) months prior to May 10, 2022.
  • Business must have a business bank account.
  • Annual business revenue cannot be over $1 million.
  • Business cannot engage or have a purpose of any of the following activities:
    • Adult entertainment including strip clubs, escort services, adult bookstores, and businesses whose principal business is the sale of pornography
    • Tobacco stores, smoke shops, cigarette and cigar retailers and wholesalers, cigarette stands
    • Firearms sellers, merchants, retailers, or wholesalers; ammunition sales; gun clubs; shooting ranges
    • Marijuana related businesses; cannabis dispensaries, marijuana crop farming, edibles
    • Massage parlors, saunas, or hot tub facilities
    • Illegal activities
    • Gambling and betting activities, racetracks
    • Real estate investment companies (residential and commercial), house flippers, hotels, businesses whose principal source of revenue is rental income
    • Banking and financial institutions; central banking; other monetary intermediation; trusts, funds, and similar financial entities
    • Merchant service companies, merchant sales organizations, payment services
    • Lending businesses; payday lenders, title lenders, other credit granting
    • Small Business loan brokers
    • Check cashers
    • Bail bonds
    • Pawn shops
    • Collection companies/lawyers or debt consolidation firms
    • Multi-level marketing companies or businesses based on pyramid sales plans
    • Nonprofit organizations
    • Religious organizations, churches, temples, mosques and shrines and other services provided specifically for the religious community
    • Activities of political organizations
    • Transportation of hazardous materials
    • Oil and gas exploration/securities
    • Rideshare (i.e. Uber/Lyft drivers)
  • Business must be based in the United States.
  • Business cannot be owned or operated by:
    • Employees of LegalZoom.com, Inc. (“LegalZoom”);
    • Employees of NBA Properties, Inc., the National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”), including affiliates, agents, and immediate family members and/or those living in the same household of such employees; or
    • Employees of Accion Opportunity Funds (“AOF”).
  • Only one submission per business.

HOW TO ENTER:

Entries can be made during the Program Period by visiting www.aofund.org/fastbreak (the “Website”) and following the instructions to complete and submit the submission form.

As part of the submission form you will be required to complete questions regarding your business and will be required to submit documentation in support of the application.

Submissions must be received by May 27, 2022 at 11:59 p.m. EDT to be eligible for the Program.  The Administrator’s computer is the official timekeeper for all matters related to this Program.

Any business found to have made multiple submissions will be deemed ineligible and will be disqualified.  Submissions generated by script, macro, or other automated means or by any means that subverts the submissions process will be disqualified.  Submissions that are incomplete, garbled, corrupted, or unintelligible for any reason, including but not limited to, computer or network malfunction or congestion, are void and will not be accepted.

SELECTION AND NOTIFICATION OF GRANT RECIPIENTS:

Accion Opportunity Fund staff will review applications in a random order using the following criteria to select grantees and recipients of LegalZoom products and services credits:

(i) completeness of the submission;

(ii) eligibility and qualifications;

(iii) successful business verification review.

Grant applicants will be notified by email if they are selected or not.

GRANTS TO BE AWARDED:

A total of 1,000 grants will be awarded through this Program.  Of these, fifty (50) grants will consist of grants of $10,000 US Dollars plus one product or service from LegalZoom valued up to $500 US Dollars, and nine hundred and fifty (950) grants will each consist of one LegalZoom product or service, valued up to $500 US Dollars.

Grant recipients may not substitute, assign, sell, or otherwise transfer their grant.  The Sponsor and Administrator reserve the right, at their sole discretion, to substitute the grant (or a portion thereof) with one of comparable or greater value.

TAXES AND EXPENSES:

Grant recipients may be subject to tax reporting based on the value of the grant received.  Grant recipients must cooperate with the Administrator to provide information for purposes of applicable tax reporting.

To the fullest extent allowable under applicable law, all taxes and fees, including without limitation, all federal, state, and local taxes, fees, and any associated interest or penalties, as well as any expenses arising from acceptance or use of the grant award and not specified in the Terms as being provided as part of the Program (“Taxes”), are the responsibility of the grant recipient.  Grant recipients are also responsible for any other costs and expenses associated with grant acceptance unless these costs and expenses are specifically identified as being covered as part of the grant.

The grant recipients acknowledge and agree that the ultimate liability for all Taxes remains their responsibility, even if these amounts exceed the value of the grant they receive.  Grant recipients agree to make adequate provisions for (and indemnify the Sponsor and Administrator and each of their respective subsidiaries and affiliates) any Taxes.

 RIGHT OF PUBLICITY:

Submission of an application will constitute permission (except where prohibited by law) for LegalZoom, AOF, the NBA entities and their designees and assigns to use the applicant’s name, business name, registered or unregistered trademarks, city/state of residence, photos or film clips, likeness, image, biographical information and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the work in perpetuity, without additional compensation, notification, permission, or approval.

 BACKGROUND CHECK:

A detailed background check of grant recipients and their owners and business affiliates may be conducted by the Sponsor and Administrator.  Grant recipients may be asked to provide additional contact details and other information in order to facilitate these checks.

REPRESENTATIONS AND WARRANTIES:

Each applicant represents and warrants that:

(i) they have the authority to submit the application and supporting documents on behalf of the business applying for the grant;

(ii) they agree to be bound by these Terms and to waive any right to claim any ambiguity or error in the Terms or the Program itself, as well as by all decisions by the Sponsor and Administrator;

(iii) they and the business on whose behalf they are submitting a grant application for, will not commit any act, or become involved in any conduct, that is likely to adversely affect the Sponsor and Administrator or the Sponsor and Administrator’s image, brand, reputation, products or services;

(iv) their submission does not, and will not, violate any applicable laws, and is not and will not be defamatory or libelous.  Each applicant hereby agrees to indemnify and hold the Sponsor and Administrator harmless from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of applicant hereunder.

Failure to comply with these representations and warrants may result in the disqualification from the Program at the Sponsor and Administrator’s sole discretion.

RELEASE AND INDEMNIFICATION:

By submitting an application, each applicant agrees on behalf of themselves, their heirs, executors, administrators, and the business for which they are seeking the grant to release and hold harmless the Sponsor, Administrator, Program judges, the NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents (collectively, “Released Parties”) from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to applicant or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including such applicant’s participation in the Program and/or acceptance, possession, use, or misuse of any grant or any portion thereof.

 Each applicant agrees to indemnify the Released Parties from any and all liability arising from the Program.

FORCE MAJEURE:

The failure of the Sponsor and Administrator to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor and Administrator, or other “force majeure” events will not be considered a breach of these Terms.

RIGHT OF CANCELLATION:

Sponsor and Administrator reserve the right to cancel, modify, or suspend the Program, or any element of the Program, without notice and for any reason.  In the event of cancellation, modification, or suspension, Sponsor and Administrator may, but are not required to, select grant recipients using the criteria listed above from among all eligible applications received prior to the cancellation, modification, or suspension.

Notice of any cancellation, modification, or suspension will be posted on the Website.

MODIFICATION AND SEVERABILITY:

These Terms cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of the Sponsor and Administrator.

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 shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

DISPUTES – ARBITRATION AND CLASS ACTION WAIVER:

All disputes and claims that arise in connection with this Program that cannot be otherwise resolved through discussions of the parties, will be settled before a single arbitrator.  This Program affects interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration provisions.

In the event of a dispute or claim, the party seeking arbitration must first give notice, which will include a brief written statement including the name, address and contact information of the party, the facts giving rise to the dispute or claim, and the relief requested.  You must send any notice via letter delivered by first class postage prepaid mail or courier to the following address:

Accion Opportunity Fund, 111 West St. John Street, Suite 800, San Jose, CA 95113

The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association, as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

You will be reimbursed the cost of any arbitration filing fees and arbitration fees for claims up to $75,000, unless the arbitrator finds the arbitration to be frivolous.  The parties will be responsible for all other additional costs that they may incur in connection with the arbitration including, but not limited to attorney’s fees and expert witness costs unless otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees.

Unless the parties agree otherwise, any arbitration hearings will take place in the county (or parish) of the party initiating arbitration’s contact address.  The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which LegalZoom was a party.  The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless the parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant.  No party may seek non-individualized relief that would affect other parties.  If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

CHOICE OF LAW:

Any disputes under the Program will be governed by the laws of New York, without regard to its principles of conflicts of laws.

SPONSOR:

LegalZoom.com, Inc., 101 N. Brand Blvd., 11th Floor, Glendale, CA 91203

ADMINISTRATOR:

Accion Opportunity Fund, 111 West St. John Street, Suite 800, San Jose, CA 95113