TERMS AND CONDITIONS
The WeWork Creator Awards Contest (the “Contest”) is sponsored by the affiliate company defined as Sponsor in the section titled “Sponsor Entity” below.
PLEASE NOTE: IF YOU ARE A U.S. RESIDENT, THE INTERNAL REVENUE SERVICE REQUIRES FORM 1099-MISC TO BE ISSUED AND FILED FOR EACH RECIPIENT WHO RECEIVES A CASH PRIZE IF THE ANNUAL AGGREGATE VALUE OF THIS PRIZE IS AT LEAST $600 OR MORE. A 1099-MISC WILL BE FURNISHED TO EACH CONTEST WINNER. THE 1099-MISC WILL BE ISSUED FOR THE FAIR MARKET VALUE OF THE PROMOTIONAL OFFER.
CONTEST WINNERS ARE RESPONSIBLE FOR ANY INCOME TAX LIABILITY AND SHOULD CONSULT THEIR TAX ADVISORS FOR THE PROPER TAX TREATMENT OF THIS INCOME ON THEIR TAX RETURN. ALL PRIZE MONEY WILL BE PAID NET OF ANY WITHOLDING OR OTHER TAXES IMPOSED BY ANY TAXING JURISDICTION.
Subject to the Official Rules, the Contest is open only to 1) individuals or 2) if you are an organization, an officer or representative, who is both a permanent legal resident of and above the legal drinking age (a “Contestant”) in either a) the jurisdiction in which their organization is located, or if the Contestant does not have an organization address, then b) the jurisdiction in which their permanent address is located (“Home Country”). Employees of Sponsor and/or their respective parents, affiliates, subsidiaries, and their immediate family members or household members are not eligible to participate in or win the Contest. Sponsor at its sole discretion may determine the eligibility of an entry. No purchase or payment is necessary to participate in the Contest.
THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. ALL APPLICABLE INTERNATIONAL, FEDERAL, STATE AND LOCAL LAWS APPLY.
The entry period for each Regional Final will end on the applicable Application Deadline (the “Entry Period”) as noted in the rules listed on the website (“Official Rules”).
If a Contestant is selected to advance to a Regional Final, Sponsor will pay for a Contestant’s transportation and hotel expenses (“Travel Expenses”) related to that Regional Final. Contestants that are entities must elect for one representative to travel and, if required, present at the Regional Final. Sponsor shall only pay for the Travel Expenses of one person per entry.
If Sponsor is prevented from selecting winners or hosting any Regional Final due to any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, extend, or terminate the Contest.
ADDITIONAL OBLIGATIONS FOR ALL PRIZE WINNERS:
All winners of a prize (“Prize”), whether in the form of a cash grant (“Grant Winners”) or Simple Agreement for Future Equity structure Investment (“Simple Agreement for Future Equity structure Investment Winners”, together with Grant Winners, a “Winner”), agree in good faith to remain or become a WeWork Member in good standing for at least one (1) year thereafter.
ADDITIONAL RULES FOR SIMPLE AGREEMENT FOR FUTURE EQUITY STRUCTURE INVESTMENT WINNERS / SECURITIES ACKNOWLEDGEMENT
As a Simple Agreement for Future Equity structure Investment Winner, you acknowledge and agree that you will enter into a separate agreement (“Simple Agreement for Future Equity structure Investment Agreement”) with Sponsor in order to receive your Prize. You acknowledge and agree that the terms of the Simple Agreement for Future Equity structure Investment Agreement are “as is” and will not be subject to further negotiations. Sponsor, in its sole discretion refrain from entering into the Simple Agreement for Future Equity structure Investment Agreement with you for any reason, including, but not limited to, if the Simple Agreement for Future Equity structure Investment Winner violates any applicable laws or regulations, has or is acting in any way that is harmful to any Sponsor’s goodwill or reputation or is unwilling to enter into the Simple Agreement for Future Equity structure Investment Agreement provided by Sponsor for a period of 90 days after the Contest. Simple Agreement for Future Equity structure Investment Winners will be required to provide annual and quarterly (if available) financial statements to Sponsor during the term of the Simple Agreement for Future Equity structure Investment Agreement.
As a Simple Agreement for Future Equity structure Investment Winner, by entering this Contest and accepting your Prize, you acknowledge and understand that the announcement, solicitation and/or acceptance of any investment in your business or any equity interests thereto of any kind from Sponsor or any other person may be a securities offering and/or a sale of securities governed by federal, state and other securities laws, and you agree to comply with any and all applicable securities laws in connection therewith, including but not limited to laws governing the offer and sale of securities. You also acknowledge and understand that it is your sole responsibility to comply with such securities laws, that Sponsor and/or their respective parents, affiliates, subsidiaries and employees (collectively, the “Sponsor Entities”) will not be providing you with any advice or assistance of counsel in that regard. In addition, you acknowledge and agree that the Sponsor Entities will not be acting on my behalf, either directly or indirectly, as an agent, broker or finder, in connection with the offer or sale of any securities and that the Sponsor Entities will not have any liability for my failure to comply with such securities laws.
ADDITIONAL ENTRY RULES:
There is a limit of one entry per person or entity. Any late, lost, misdirected, incorrect, or incomplete Entries will be disqualified and Sponsor and its agents will not be responsible for such Entries.
Sponsor expressly reserves the right to disqualify any Entries that it believes in good faith are generated by automated means or scripts, in violation of the Official Rules or otherwise result from any unsportsmanlike or disruptive conduct, and all such associated Entries shall be void. An entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of the Official Rules or these Terms and Conditions, as determined in the sole discretion of the Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify and remove any Contestant for any reason including, but not limited to, if the Sponsor believes that such Contestant, submits any inappropriate content, infringes the rights of any third party, violates any applicable laws or regulations, has or is acting in any way that is harmful to any Sponsor’s goodwill or reputation. Further, the Sponsor reserves the right to disqualify any Contestant who, in the Sponsor’s sole discretion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Contest. Sponsor reserves the right to present an award to a runner-up Contestant in the event an entry is found to be in violation of any rules.
Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award any prizes other than the Prizes specified in the Official Rules. The Prizes are non-transferable and no substitutions are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize, or any portion thereof, if such Prize, or any portion thereof, should become unavailable for any reason. Winners shall be responsible and liable for all federal, state, and local taxes on the value of the Prizes, and any applicable forms and/or filings (including without limitation a form 1099), and any related shipping and handling charges. To receive a complete list of winners or a copy of the Official Rules, within six (6) months after the end of the Entry Period, send an e-mail to firstname.lastname@example.org and a self-addressed stamped envelope to WeWork Creator Awards Contest Winners List, 115 West 18th Street, 4th Floor, New York, NY 10011. Sponsor has no obligation to give any additional feedback to any Contestant.
Please allow at least sixty (60) days for delivery of Prizes. Use and/or receipt of Prizes may be subject to additional terms and conditions.
The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest. Winners must claim their Prize by attending the applicable Regional Final. A Contest winner’s failure to respond to the Prize notification within the specified two (2) week period will be considered such Contest winner’s forfeiture of the Prize, and an alternate winner may be selected from the pool of eligible Entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible Entries.
GENERAL CONDITIONS AND RELEASES:
By entering the Contest or accepting a Prize, you agree to conform to all federal, state, and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within two (2) weeks, an Affidavit of Eligibility and a Liability and Publicity Release drafted by Sponsor, or an alternate winner may be selected. Winners may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Prize. Winner may also be required to furnish proof of identity, address, and birth date in order to receive a Prize. If you are a non-profit or NGO (e.g., a 501(c)(3) entity in the US, an Amuta in Israel, Registered Charity in the UK, Civil Association in Mexico or any not-for-profit organization or NPO equivalent in your country) you will be required to submit any form demonstrating such status.
Unless prohibited by applicable law, your entry into the Contest and/or acceptance of a Prize constitutes your permission to use your name, photograph, image, likeness, voice, address (city and state), and the content of any of your Entries in any and all media and manner Sponsor deems appropriate (including for testimonials, publicity, and other promotional purposes and for the purpose of placing the winner’s name on a winners list), in perpetuity and without any compensation to you or any review or approval rights, notifications, or permissions. Additionally, by entering the Contest, you agree that Sponsor may photograph or video or audio record you in connection with your submission and may use such photograph or video, audio, or audio-visual recording in any and all media and manner Sponsor deems appropriate (including for testimonials, publicity, and other promotional purposes), in perpetuity and without any compensation to you or any review or approval rights, notifications, or permissions.
Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned, or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged, or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled, or delayed computer transmissions which may limit an entrant’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions or other failures, delayed computer transactions, or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading any of Sponsor’s products or services or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. The Contest is subject to change at any time and without notice, and may end at any time and without notice. THE PRIZES ARE AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZES.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR AND/OR ITS VENDORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS); (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; AND/OR (C) ANY MATTER BEYOND SUCH PARTIES’ REASONABLE CONTROL.
By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, and each of their respective parents, subsidiaries, and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify the Official Rules or these Terms and Conditions in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs, or other causes beyond their control corrupt the administration, security, or proper operation of the Contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s website to such effect.
If any provision of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions otherwise remain in full force and effect and enforceable.
Depending on your Home Country, “Sponsor” means:
If your Home Country is the United States or Canada,
We Work Management LLC, located in: 115 West 18th Street, 4th Floor, New York, NY 10011;
If your Home Country is Germany,
WeWork Germany GmbH, located in: Kemperplatz 1, BerlinMitte, Germany D – 10785;
If your Home Country is Israel,
WeWork Israel Limited, located in: 7 Dubnov, Tel Aviv, Israel 6473207;
If your Home Country is the United Kingdom,
WeWork UK Limited, located in: c/o Legalinx Ltd, 1 Fetter Lane, London, EC4A 1BR United Kingdom;
If your Home Country is Mexico:
WeWork Mexico, S. de R.L. de C.V. located in: Cuernavaca 106, Colonia Condesa, Delegacion Cuathtemoc, Ciudad de Mexico.
All prizes will be paid by Sponsor in the currency of the jurisdiction in which Sponsor is located (“Regional Currency”). Such amount shall be determined on the date of payment by exchanging the US dollar amount of the prize at the spot exchange rate listed by the Country’s Central Bank (or other similarly reputable source) into the Regional Currency. The date of payment will be determined at the sole discretion of Sponsor. Sponsor may elect in its sole discretion to change the entity from which it will pay winners at any time.
If you are based in the U.S. or Ontario:
This Contest shall be governed by New York law, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in New York, NY, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.
If you are based outside of the U.S. or Ontario:
This Promotion shall be governed by and construed under the law of England and Wales, without regard to conflicts of laws provisions thereof and by participating in this promotion, you agree that any dispute or litigation arising from or relating to this Promotion shall be determined by one or more arbitrators appointed in accordance with the rules set forth by the International Chamber Commerce. The place of arbitration shall be London, England. Any claim which is not subject to arbitration pursuant to this paragraph shall be adjudicated exclusively in English courts.
You agree not to act in any manner which may reasonably reflect unfavorably upon the good name, goodwill, reputation or image of the Sponsor or any other Contestant, and will not make, or cause to be made, any statements, observations, or opinions, or communicate any information (whether oral or written), that disparages or is likely in any way to harm the reputation of the Sponsor or any other Contestant, its products, customers, users and/or business partners, except that nothing contained in these Terms and Conditions will be deemed to prohibit any party from testifying truthfully under oath pursuant to any lawful court order or subpoena or otherwise responding to or providing disclosures required by law.
You agree to keep any information relating to the Contest, the Official Rules and these Terms and Conditions that has not otherwise been publicly disclosed, strictly confidential for at least one (1) year after the Global Finals.