Women of Color Grant Program

Women of Color Grant Program is a grant from Tory Burch Foundation in partnership with Fearless Fund that funds Black women small business owners seeking to grow and scale their ventures. This skill-based program provides financial support to early-stage startups that demonstrate business viability and revenue traction.

Eligible applicants must be Black women-owned businesses in operation for under five years with a minimum of $100,000 in annual revenue. Awards range from $10,000 to $20,000. No purchase or payment is required to enter the program.

WOC Official Rules — FEARLESS FUND NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS A SKILL-BASED PROGRAM.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE PROGRAM. BY ENTERING THIS PROGRAM, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.

WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. I. ELIGIBILITY: The Tory Burch Foundation Women of Color Grant Program powered by Fearless Fund is open only to women if color who are at the time and date of entry: (1) legal U.S. residents (including D.

C.) ; (2) eighteen (18) years of age or older (or the age of majority in their state of residence, whichever is older) (which is eighteen (18) in most states, but is nineteen (19) in Alabama and Nebraska, and twenty-one (21) in Mississippi); and (3) a principal owner of a U.S.-based small business, as described below (referred to herein as, “Entrants”).

For the purpose of this Program, a small business means a business with a minimal annual revenue of one- hundred thousand dollars ($100,000) and no more than three-million dollars ($3,000,000) or less in calendar year 2022, who are authorized signing officers at said business, and whose business is physically located in the fifty (50) United States or the District of Columbia and is incorporated or otherwise considered a valid legal entity in good standing in its state of formation.

For purposes of the Program, a ‘small business’ can be organized as a sole proprietorship, partnership, corporation, or any other legal entity that employs no more than fifty (50) individuals on a full or part-time basis.

Officers, directors and employees of Fearless Foundation (“Administrator”), Tory Burch Foundation ("Sponsor"), and their respective parent companies, divisions, subsidiaries and affiliates, and each of their respective agents, advertising, and members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether legally related or not) of any of the above, are NOT eligible to enter or receive an award from this program.

The Program is void in U.S. territories, including Guam, Puerto Rico and where prohibited by law. Being awarded a grant is contingent upon fulfilling all requirements set forth herein. II.

HOW THE GRANT PROGRAM WORKS: The Program consists of an overall Promotion Period (defined below) in which $1,000,000 awarded in different award amounts to grant recipients and will be identified from amongst all eligible entries received throughout the Entry Period (defined below), based on the judging criteria outlined below.

The promotion period begins on or about 12:00:00 AM Eastern Time (“ET”) on 04/04/23 and ends on or before 11:59:59 PM ET on 04/28/23 (the “Promotion Period”). Sponsor’s designated servers are the official time clock for this Program. III.

HOW TO ENTER THE PROMOTION PERIOD: Visit www. fearless. fund (the “Website”) during the Promotion Period and follow the instructions provided to complete and submit the entry form.

The submitted entry form, inclusive of all required business information, business-related questions, will collectively be referred to as an “Entry” hereafter. Website’s server must receive all Entries by 11:59:59 PM ET on 04/28/23. Limit one (1) Entry per Entrant, per email address, per small business for the duration of the Promotion Period.

If Entrant submits more than one (1) Entry, all Entries received after the first Entry will be void. Once the Entry is completed and submitted, the Entry is final and may not be modified or edited. All Entries must meet the Entry Requirements set forth below.

Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s and Administrators sole and absolute discretion.

All Entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Program at Sponsor’s and Administrators sole and absolute discretion. Entries generated by script, macro or other automated means and Entries by any means which subvert the Entry process are void.

By registering, and clicking on the “Apply” button, you certify that you acknowledge and are in compliance with these Official Rules, including, without limitation, all eligibility requirements. Sponsor and Administrator reserves the right to disqualify any Entry that it determines, in its sole discretion, has violated any provision of these Official Rules as applicable, and its decision in this regard is final.

Proof that you applied for the Program does not constitute evidence of receipt by Sponsor within the required deadline. All Entries and information become the property of the Sponsor and Administrator and will not be acknowledged or returned. Assurance of delivery of Entries is the sole responsibility of the Entrant.

In the event of a dispute as to the identity of any Entrant who submits an Entry, the Entry will be deemed submitted by the account holder of the email account from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it ( e.g. , Yahoo).

Recipients may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the Entry will be deemed ineligible. Sponsor, Administrator and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Entries.

All Entries must meet the following criteria, as determined within Sponsor’s and Administrators final sole discretion: Entries that include any reference to any patents and/or trade secrets of Sponsor or Released Parties and/or its competitors are prohibited; Entries that are obscene, offensive, contain any profanities, endorse any form of hate or hate group, or any language or images communicating messages inconsistent with the positive images to which Sponsor and/or Released Parties wishes to associate will be void; Entries cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity; Entries cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; Entries cannot contain disparaging remarks, defame, misrepresent, invade the publicity, third party rights and/or the privacy rights of Sponsor, Released Parties, their products or any trademarks or other intellectual property they own, other products or companies, or any person, living or deceased; Entries cannot contain trademarks owned by others, or advertise or promote any brand or product of any kind, or contain any personal identifiable information, such as personal names, email addresses, etc.; Entries cannot communicate messages inconsistent with the positive images and/or goodwill to which Released Parties associate; and Entries cannot be in violation of any law, statute, regulation, or ordinance.

Sponsor and Administrator reserves the right to void and disqualify any Entry not satisfying these requirements, as determined within Sponsor’s final sole discretion. IV.

JUDGING PROCEDURE AND CRITERIA: All eligible Entries received during the Promotion Period will be judged by Program Administrator based on the following criteria: 1) Viability and strength of business, 2) How the business intends to use the grant, 3) Potential for business growth.

At the conclusion of each Entry Period, the eligible Entries with the highest ranking for such Entry Period, as determined by the judges, in their sole discretion, will be declared potential grant recipients (subject to verification of eligibility and compliance with these Official Rules (see “Grant Recipient Notification” section below).

At the conclusion of the overall Promotion Period, the one (1) eligible Entry with the highest score, as determined by the judges, in their sole discretion, will be declared a potential grant recipient (subject to verification of eligibility and compliance with these Official Rules (see “Grant Recipient Notification” section below).

In the event of a tie for any grant level, the tied Entries for such grant will be re-judged based on: Potential for business growth (0-10 points). If there is still a tie, Sponsor and Administrator will bring in a tie breaking judge to apply the same judging criteria to break the tie and determine the potential recipient(s).

Sponsor reserves the right to select fewer than seventy-five (75) recipients if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Entries. Limit one (1) grant awarded per small business. By participating, Entrants agree to abide by these Official Rules and the decisions of the Sponsor, Administrator, and judges, which are final and binding in all matters relating to this Program.

V. GRANT RECIPIENT NOTIFICATION: Potential grant recipients will be determined approximately six (6) weeks following the completion of the applicable Entry/Promotion Period and will be notified by Administrator by telephone and/or email.

Potential grant recipients will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release (collectively, “Grant Acceptance Documents”) and any other documents and third-party consents as may be required by Sponsor within three (3) days of date of issuance of notification. Grant recipient status is subject to verification of eligibility and compliance with these Official Rules.

The 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 insufficient space in Entrant’s email account to receive email messages.

Should a potential recipient decide to decline his/her grant for any reason whatsoever or not respond to the grant recipient notification by the applicable response deadline, Sponsor shall have no further obligation to that potential grant recipient and an alternate recipient may be selected based on the selection process above, if time permits.

Grants will be awarded to the principal owner of the small business, as submitted in the Entry. If grant award is in conflict with small business policy or not feasible after Sponsor’s good faith effort to obtain verifiable small business principal owner contact details, grant will be forfeited and, at Sponsor’s discretion and time permitting, a runner-up may be selected.

Neither Sponsor, nor anyone acting on its behalf, is required to enter into communications with any Entrant regarding the Program other than to notify a potential grant recipient. VI.

AWARDED GRANTS: Approximately fifty (50) grant recipients will receive $10,000 and twenty-five (25) grant recipients will receive $20,000 awarded in the form of a check or wire, issued to each grant recipients’ registered name of business per the entry form. Approximate Retail Value (“ARV”) of each grant is $10,000 to $20,000.

Value of grants awarded and number of grant recipients is at the sole discretion of the Sponsor and Program Administrator. Grant recipients are required to comply with any and all applicable federal, state and local laws, and for any other fees or costs associated with the grant she receives.

Grant recipients will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the grant(s) they receive, regardless of whether they, in whole or in part, are used. Grant recipients will be required to provide Sponsor with a valid social security number or tax-id number before the grant will be awarded for tax reporting purposes.

An IRS Form 1099 may be issued in the name of grant recipients for the actual value of the awards received. The value of the grant awarded will be reported for tax purposes, as required by law. No transfer, assignment, or substitution of grant except by Sponsor, at its sole discretion, due to causes otherwise determined solely by Sponsor, and then for a grant of equal or greater value.

Unclaimed grant awards will be forfeited. Grants, if legitimately claimed, will be awarded. TOTAL ARV OF ALL GRANTS: $1,000,000.

VII. ADDITIONAL TERMS: Except as provided herein, no transfer, assignment, cash redemption or substitution of grant(s) except by Sponsor, at their sole discretion, due to grant award unavailability or causes otherwise determined solely by Sponsor and/or Tory Burch Foundation, and then for a grant of equal or greater value.

By participating, Entrants agree: 1) to be bound by these Official Rules; 2) agree that Released Parties, and each of their respective agents, successors, assigns and other designees, shall have the right and permission (unless prohibited by law) to use Entrant’s name, business name, photograph, city/state of residence, likeness, statements, biographical information, voice and/or grant information for any and all public relations, advertising, promotional purposes and/or any forms of media and by all manners (now and hereafter known), worldwide, including the Internet, in perpetuity, without notice, consent, review or approval or further compensation, except where prohibited by law; and (3) Released Parties shall have no liability and Entrant will defend, indemnify, release and hold harmless Sponsor and the other Released Parties from and against any liability, loss, injury or damage of any kind (including attorneys’ fees) to any person or entity, including, without limitation, personal injury, death or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of: (i) Entrant’s entry/participation in the Program; (ii) any materials he or she may submit in connection herewith; (iii) the acceptance, possession, use or misuse of a grant or participation in any activities associated with the Program or any grant awarded in connection herewith; (iv) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (v) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Program activity and/or awarded grant.

Sponsor reserves the right, in its sole discretion, to void any and all Entries of an Entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper participation of the Grant Program and to modify, suspend, and/or terminate this Program(or portion thereof) should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Program and, in the case of termination, at its discretion award the grants in accordance with same judging criteria set forth above (with or without the Panel scores, as determined by Released Parties in its sole discretion) from among all non-suspect Entries received prior to suspect event requiring such modification, termination, or suspension.

In the event Sponsor is prevented from continuing with the Program by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Program by any party, or any federal, state, or local law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Program or grant award.

Sponsor additionally reserves the right, in their sole and absolute discretion: (a) to modify, suspend or terminate the Program should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Program; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the Entry process or the operation of the Program; (ii) acting in violation of these Official Rules; or (iii) acting in an unsportsmanlike manner.

Released Parties make no warranty, guaranty or representation of any kind concerning any grant (or any portion thereof), and disclaim any implied warranty. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.

In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Entrants agree to waive any rights to claim ambiguity of these Official Rules.

Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Program-related materials, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. VIII.

PRIVACY AND OPT-IN: Your participation by your Entry constitutes your consent to participate in this Program and consent for Released Parties to obtain, use, and share your Entry, name, business name, address, email and other details (collectively, “Grant Program Data”) for Program administration purposes.

Application information can be shared with Tory Burch Foundation for purposes related to this grant program and enrollment into the additional programs offered. For information regarding Sponsor’s privacy practices, please visit https://www. fearless.

fund/policy . IX.

ENTRY ERRORS/TAMPERING: Released Parties are not responsible for late, lost, stolen, illegible, incomplete, misdirected, delayed, garbled, damaged, inaccurate or undelivered emails, Entries, theft, destruction or unauthorized access to, or alteration of Program Data, defect/delay in transmission or communication, including, but not limited to, recording failures, or for telephonic, human or computer failures, problems or errors, interruptions in service leveraged to create an Entry, whether due to system upgrades, repairs, modifications or other causes, defect or delay in transmission, connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, recording/filming systems, electronic equipment, computer hardware or software failures, inaccurate Entry information, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions, errors or delays, whether caused by equipment, programming, human error, acts of God or otherwise relating to or in connection with the Program, including, without limitation, errors which may occur in connection with the administration of the Program, the processing of Entries, Program Data processing, the tabulation of judging points, the announcement of the grant and grant recipient, the cancellation or postponement of the Program, for any injury or damage to participant’s or any other person’s computer or other device relating to or resulting from participation in this Program, or for printing, typographical, human or other errors appearing in these Official Rules, in any Program advertisements or other materials.

Use of any device to automate or subvert Entry is prohibited and any Entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated Entries are permitted and any Entries received by such means will be void.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE PROGRAM OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

The Sponsor and/or Administrator reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. Any Entrant determined to be involved in such prohibited activity will not be eligible to receive a grant in this Program. X.

DISPUTE RESOLUTION: Except where prohibited, each Entrant agrees that this Program shall be governed by and construed in accordance with, the laws of the state of Georgia without giving effect to its or any other state’s choice of law or conflict of law statutes, regulations or rules.

Entrants agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with the Program shall be resolved, upon the election by either the Entrant, Sponsor and/or its affiliates (each a “Party”) by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the Participant.

IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM.

FURTHER, NEITHER PARTICIPANT OR SPONSOR NOR WEBSITE HOST WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING.

NOTE THAT OTHER RIGHTS THAT PARTICIPANT WOULD HAVE IF PARTICIPANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Unless the Entrant and Sponsor mutually 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’s authority to resolve Claims is limited to Claims between the Sponsor and/or its affiliates and Entrant, alone and the arbitrator’s authority to make awards is limited to awards to the Sponsor and/or its affiliates and the participant alone.

Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. The arbitrator may award declaratory or 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.

No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

Notwithstanding any other provision in these Official Rules and without waiving either party’s right to appeal such decision, should any portion of this paragraph be deemed invalid or unenforceable, then the entirety of this arbitration provision (other than this sentence and the paragraph below) shall be null and void. If arbitration is not used to resolve a claim, ENTRANT AGREES THAT THERE WILL NOT BE A JURY TRIAL.

ENTRANT AND SPONSOR EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS PROGRAM IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

Participant agrees that this Program shall be subject to and governed by the laws of the State of Georgia, without giving any effect to the principles of conflicts of law, and the forum for any dispute shall be in Atlanta, Georgia. XI. SPONSOR/ ADMINISTRATOR: c/o Fearless Foundation, 384 Northyards Blvd, Atlanta, GA 30313.