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The Kinfolx Fund Guidelines

The Sponsor of the Fund is E.Z.Mo Breezy, LLC. (“Sponsor”) operating through a fiscal sponsorship with Players Philanthropy Fund (Federal Tax ID: 27-6601178) (“Administrator”), a Maryland charitable trust with federal tax-exempt status as a public charity under Section 501(c)(3) of the Internal Revenue Code. Sponsor’s contributions under this Fund are intended to be tax-deductible to the fullest extent of the law.

  1. Fund Submission Period: E.Z.Mo Breezy’s Kinfolx Fund (“Fund”) begins 10 am Eastern Time (“ET”) on April 20, 2020 and ends 11:59 ET on July 31, 2020 or otherwise extended by Sponsor (“Fund Submission Period”).
  2. Eligibility: Open to followers of E.Z.Mo Breezy on social media platforms of Facebook, Instagram, Twitter or have submitted “Personal Information” as defined in our Terms of Use (“Kinfolx”) who are legal residents of the 50 United States and D.C, and are 21 years of age or older as of date of Submission (defined below) are eligible to nominate an individual, small business or non-profit company which has been impacted adversely by CoVid19 from a financial or mental wellness perspective or otherwise. Employees of Sponsor, Administrator and each of their respective affiliates, parents, subsidiaries, divisions, and each of their respective employees, shareholders, directors, officers, members and agents and their immediate family members spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each are not eligible to participate or win.
  3. The Fund Submission Period: Applicant must be one of our Kinfolx and must be submitted on behalf of someone other than the nominee. During the Fund Submission Period, visit gritsandbiscuits.com (“Site”) and follow the directions to complete the online application form in its entirety, including responding to the following questions: a. Your and the nominees name, email, phone numbers. b. Reason for the gift in 140 characters or less. c. Briefly tell us how the nominee can benefit from the gift (collectively, the “Submission”). The person uploading the Submission will be deemed the applicant (the “Applicant”). The person nominated named on a Submission will be deemed the nominee (the “Nominee”). Submissions must be in English. Submissions that do not meet the requirements set forth in these Official Rules will be disqualified. All Submissions must be received by 11:59pm ET on July 27, 2020 unless otherwise extended or terminated earlier in Sponsor’s sole discretion.  Each Nominee is limited to one Submission and only one (1) Submission per household (address) will be considered.
  1. Fund Submission Guidelines: All Submissions must, in the sole discretion of Sponsor, adhere to the following Fund Submission Guidelines and these Official Rules of the Fund. Any Submission that does not, in the sole discretion of Sponsor, adhere to these Fund Submission Guidelines or the requirements set forth in these Official Rules is subject to disqualification from the Fund:

Submission may not contain, as determined by Sponsor, in its sole discretion:

  1. Judging to Determine the Awardees: Weekly, all eligible Submissions will be judged by Sponsor to determine, in our sole consideration, which Nominees will be deemed potential recipients of an electronic gift card in an amount to be determined by Sponsor in its sole discretion (“Gift”). Sponsors will reach out to potential awardee and decisions of Sponsor are final with respect to all matters relating to the Fund. No information regarding judging, other than as otherwise set forth in these Official Rules will be disclosed. The presumptive awardees will be notified via email and will be required to sign and return via email/email link the following: a Declaration of Eligibility, liability/publicity release (except where prohibited by law) and assignment of rights (“Declaration Package”) within twenty-four (24) hours of notification attempt or potential awardee may be disqualified and an alternate potential awardee may be determined in Sponsor’s sole discretion. Return of Declaration Package as undeliverable, if any portion of the Declaration Package is not received within the required time period or if a potential finalist/Nominee is deemed ineligible, said potential finalist/Nominee will be disqualified and an alternate will be determined (as outlined above).
  2. Awardees: Once each presumptive awardee has completed all required paperwork, Sponsor will award the Gift to each verified presumptive awardee (individually and collectively a “Awardee”) and the Gift will be delivered via email.  All federal, state and local taxes are the sole responsibility of the Awardee. By accepting the Gift, presumptive Awardee must agree: (i) that they are responsible for all federal, state, and local income tax liability on the Gift received and all other obligations and expenses that are associated with receipt and use of the Gift regardless of the value; and (ii) to release and hold harmless Sponsor and affiliates from and against any and all disputes, claims, or causes of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Fund or receipt or use or misuse of any Gift. A 1099 tax statement will be filed with the IRS for the value of the Gift for each Winner. All Winners will receive a 1099 form in the mail, to be processed in the year in which their Winner receives the Gift. Limit one (1) Gift per Applicant and household. Sponsor does not make, nor is Sponsor in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Gift including but not limited to the quality, fitness for a particular purpose, or condition. No substitution or transfer of Gift permitted except at the sole discretion of the Sponsor.
  3. General Rules: As a condition of Submission into the Fund, Applicant will and will use best efforts to cause any Nominee submitted by them to agree to release and hold harmless Sponsor and its Administrators, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Fund (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting a Submission or otherwise participating in any aspect of the Fund, the receipt, ownership or use of Gift awarded or any typographical or other error in these Official Rules or the announcement or offering of a Gift. Each Applicant assumes all liability for any injury or damage caused, or claimed to be caused by participation in the Fund and each Awardee assumes liability for any injury or damage caused, or claimed to be caused by the use or redemption of the Gift. Acceptance of Gift constitutes permission to use Applicants’ names, likenesses and Submissions for promotional purposes, without further compensation, except where prohibited by law. By submitting a Submission, Applicant accepts and agrees to be bound by these Official Rules. Submissions will be declared to be made by the authorized account holder of the e-mail address submitted at the time of Submission. “Authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet Access provider, Online Service provider, or other organization (e.g., business, educational institution etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the Submission process or the operation of the Fund; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any person or Nominee. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Fund which may limit the ability to participate, or by any human error which may occur in the processing of the Submissions in the Fund. Submissions generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Fund or online voting if it cannot be completed as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or corruption of any sort. In such event, Sponsor will determine the finalists from among eligible Submissions received prior to cancellation according to the judging criteria outlined above. As a condition of participating in the Fund, Applicant/Nominee agrees that: 1) under no circumstance will Applicant be permitted to obtain awards for, and Applicant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses; 2) all causes of action arising out of or connected with the Fund, or Gift awarded, shall be resolved individually, without resort to any form of class action; and 3) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, but in no event will Applicant be entitled to receive attorneys’ fees or other legal costs.
  4. DISPUTES: Applicants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Fund, or any Gift awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in the State of New York; Applicants submit to sole and exclusive personal jurisdiction to said courts in the State of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in this Fund but in no event attorneys’ fees; and (c) under no circumstances will Applicants be permitted to obtain awards for and Applicants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. APPLICANT HEREBY AGREES THAT APPLICANT WILL NOT BRING A CLASS ACTION OR PARTICIPATE IN A CLASS ACTION AGAINST SPONSOR WITH RESPECT TO A FUND. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Applicants in connection with this Fund shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
  5. Privacy: Any Personal Information that an Applicant provides to Sponsor may be shared with Administrator and used by Sponsor to administer this Fund and for the other purposes set forth in the privacy policy located at https://gritsandbiscuits.com/privacy-policy/. By participating in this Fund, Applicant agrees to and accepts that Privacy Policy.
  6. Awardees: For a list of the names of Awardees, send a stamped, self-addressed envelope, to: E.Z. Mo Breezy, LLC P.O. Box 50409, Brooklyn, NY 11205 after September 15, 2020.