THESE PROGRAM TERMS (“TERMS”) GOVERN YOUR PARTICIPATION ON BEHALF OF YOURSELF, OR YOUR ORGANIZATION, AS APPLICABLE IN THE FACEBOOK JOURNALISM PROJECT COMMUNITY NETWORK GRANT PROGRAM. BY SUBMITTING AN APPLICATION FOR THE GRANT, YOU, ON BEHALF OF YOURSELF AND YOUR ORGANIZATION (IF APPLICABLE) (COLLECTIVELY, “YOU”), AGREE TO THESE TERMS.

IF ANY OF THESE TERMS ARE NOT COMPLIED WITH, PARTICIPATION MAY BE FORFEITED, INCLUDING RECEIPT OF ANY GRANT, AND ANY GRANT PAID MAY NEED TO BE REPAID TO PROGRAM ENTITIES, ALL IN THEIR SOLE DISCRETION.

WHAT IS THE FACEBOOK COMMUNITY NETWORK GRANT PROGRAM?

The Facebook Journalism Project Community Network Grant Program (“Grant Program”) is a program run by Facebook, Inc. (“Facebook”) and administered with the help of the Lenfest Institute for Journalism (“Lenfest”) (collectively, Lenfest and Facebook are the “Program Entities”), which offers financial assistance in the form of a one-time payment (“Grant”) to select individuals or organizations in the United States to help support projects aimed at building community through local news (“Purpose”).

WHO CAN APPLY?

Organizations and individuals that meet the following requirements (collectively, “Applicants”) may apply to the Grant Program:

Applicants may submit more than one application during the application period set forth below. Applicants who received a Grant in any previous Grant Program submission period are eligible to submit an application during this Grant Program submission period, however priority will be given to Applicants who have not yet received a Grant from the Grant Program.

As a condition of participating, Applicants hereby agree as follows:

WHAT IS THE APPLICATION PROCESS?

Applicants must submit their complete application between July 22, 2019 at 10:00:00 ET and 11:59:59 PM ET on August 12, 2019. To apply, an individual (if applying in the individual’s own capacity) or an authorized individual acting on behalf of an eligible organization (if applying on behalf of an organization) can visit the Grant Program website located here and follow the on-screen links and instructions to complete and submit the Grant Program application form and provide all required information, which may include information about the individual or organization and its journalism activities, as well as personal information such as first and last name and email address of the individual who is submitting the application in their own capacity or on behalf of the organization (“Applicant Content”). If you do not provide all required information, your application will not be considered.

Applicant Content must meet the following requirements, as determined by Program Entities in their sole discretion:

You are solely responsible for complying with all applicable federal, state, and local laws, rules, or regulations in connection with participating in the Grant Program. Proof of application (such as, without limitation, a screen shot of your application) does not constitute proof of actual receipt of a submission for purposes of this Grant Program. Applications will not be returned and, in fact, may be destroyed after the Grant Program is over. Keep a copy of each element of your application. Applications that are incomplete, illegible, corrupted, damaged, destroyed, altered, false, lost, late, misdirected, garbled or otherwise not in compliance with these Terms will not be accepted and will be void.

WHO CAN RECEIVE A GRANT?

All eligible applications will be judged by a panel of Program Entity-selected judges based on whether and the extent to which the Applicant Content meets the following criteria:

  1. Builds Community – Does the project help to build or deepen relationships with a community?
  2. Covers Underserved Communities and/or News Deserts – Is this a project that covers a community lacking robust coverage? Does this project engage diverse communities on all levels?
  3. Improves Publisher Sustainability – Does this project have a direct tie to revenue-generation?
  4. Clearly Defines Success – Does this project have a clear definition of success that is measurable?

Program Entities will also consider geographical location and whether the Applicant has already received a grant from the Grant Program, among other factors.

The applications that receive the highest scores based on the above-listed criteria and considering the above-listed factors will receive Grants. The total number of Grants to be awarded will likely be between twenty-five (25) and thirty (30), but is solely within Facebook’s discretion and depends on i) the number of Applicants that are among the highest-scoring applicants, and ii) the requested Grant amounts. In the event of a tie, the tie will be broken by selecting the application with the higher score in building community. If there is still a tie, the tied applications will be re-judged by new judges using the original judging criteria until the tie is broken.

WHAT ARE THE GRANTS?

The amount of the Grant awarded will range between $5,000 and $25,000 and Applicant’s will be asked to specify their requested Grant amount in the Grant application, with the Grant amount ultimately awarded, if any, to be determined in Facebook’s sole discretion. The Grant must be used directly and solely for the proposed project addressing the Purpose in the United States as identified in the Grant recipient’s application and otherwise in accordance with these Terms.

As a condition of applying, each Applicant that receives a Grant agrees 1) to sign documentation without alteration allowing Facebook to use its name and certain other information, including potentially identifying its representatives, for publicity and marketing purposes in any media whatsoever; and 2) that Applicant Content, Subsequent Reporting (defined below), as well as lessons learned from the Grant, including case studies, success benchmarks achieved, and other non-proprietary material may be publicly shared by the Program Entities.

Each Applicant receiving a Grant further understands and agrees that, as a condition of receiving the Grant, they will be required to sign an agreement the Lenfest that includes, among other obligations and restrictions, restrictions on how the Grant may be used.

WHEN WILL RECIPIENTS BE NOTIFIED?

Once the judging is completed, a Grant Program representative will attempt to notify the potential recipients via telephone or email on or about September 1, 2019. The Grants will be provided once the verification process is completed, which may take approximately two (2) weeks.

WHAT ARE THE RESTRICTIONS ON USE OF THE GRANT?

As a condition of participating, Applicants hereby agree as follows if selected as a potential recipient:

Grant funds must only be used directly for the Purpose identified in the recipient’s Grant Program application. If a recipient Applicant is dissolved, if an organization, or if a recipient Applicant is otherwise unable to use the Grant solely and directly for the Purpose and related activities, you agree to promptly return any unexpended Grant funds to Facebook.

If any portion of the Grant is used for any purpose other than the Purpose described in the application, you agree to promptly correct this error. If the misuse is not promptly corrected, Program Entities may demand the return of the entire Grant and you agree to do so.

Any grant or any income earned therefrom that is not spent or committed for the Purpose identified in the application must be returned to Facebook.

GENERAL RULES

Program Entities reserve the right, in their sole discretion, to discontinue funding and take other steps they deem appropriate if they are not satisfied with the progress of the Grant or content of any written report or on-site visit.

Program Entities’ decisions will be final in all matters relating to this Grant Program, including interpretation of these Terms and acceptance or rejection of Grant applicants at any time.

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.

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. If the Grant Program is not capable of running as planned for any reason, Facebook reserves the right, in its sole discretion, to cancel, modify or suspend the Grant Program.

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 Grant 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.

LIMITATION OF LIABILITY

EACH PARTICIPATING INDIVIDUAL AND ORGANIZATION AND EACH OF ITS AGENTS AND REPRESENTATIVES, AGREES TO RELEASE AND HOLD HARMLESS THE PROGRAM ENTITIES AND THEIR PARENT AND SUBSIDIARY COMPANIES, AFFILIATES, DIVISIONS, FRANCHISEES, REPRESENTATIVES, CONSULTANTS, SUB-CONTRACTORS, SUPPLIERS, DISTRIBUTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING AGENCIES (COLLECTIVELY, THE “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER ASSOCIATED WITH PARTICIPATION IN THIS GRANT 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, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

BY PARTICIPATING IN THIS GRANT 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:

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

DISCLAIMERS

Employees, officers, directors, members, managers, agents, and representatives of the Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the applicant, or by human error (except to the extent that any of the following occur for reasons within Facebook’s reasonable control, if applicable law in your jurisdiction of residence dictates that liability to the injured party in such a case cannot be excluded by law): any lost, late, postage-due, incomplete, illegible, incomprehensible, mutilated, or misdirected email, mail, or Grant Program-related correspondence or materials; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable telephonic, cellular, cable, or satellite systems; errors, typos or misprints in these Terms, in any Grant Program-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections or any failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications; technical or human error which may occur in the administration of the Grant Program or the processing of applications; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from applicant’s participation in the Grant Program. Without limiting any other provision of these Terms, no Released Party is responsible or liable for any injury or damage to the persons or property of applicant or any third party based on use by such party of the Applicant Content made available as part of this Grant Program. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or for insufficient space in a person’s email account or voicemail inbox to receive email or voice messages. Released Parties are not responsible, and may disqualify an applicant, if any contact information provided by the applicant does not work or is changed without giving prior written notice to both Program Entities. 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).

DISPUTES/GOVERNING LAW

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 or legal action on behalf of any group. Further, 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 dollars ($10) and each applicant further waives all rights to have damages multiplied or increased.

This Grant Program and any dispute arising under these Terms or related to these Terms or the Grant Program (whether for breach of contract, tortious conduct, or otherwise) will be governed by the internal laws of the State of California, U.S.A., 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, U.S.A., and each applicant accepts and submits to the personal jurisdiction of those courts with[c] respect to any legal actions, suits or proceedings arising out of or related to this Grant Program.