LastUpdated: August 1, 2022
1. GENERAL TERMS.
These terms and conditions (“Terms & Conditions”) set forth the legally binding terms and conditions for participation in the 2022 WeWork Inclusion and Diversity Cohort initiative (the “Offer”). References to (“WeWork”, “we” or “us”) refer to We Work Management LLC. References to (“Participant”, “you” or “your”) refer to eligible applicants taking part in the Offer. References to (“Recipient”) refer to Participants selected to receive certain Benefits (defined below) in connection with the Offer. Please read these Terms & Conditions carefully. By participating in the Offer, you are agreeing to abide by and be bound by these Terms & Conditions.
If you have any questions, complaints, or claims with respect to the Offer or your application, you may contact us in accordance with the procedure specified in Section 5: Additional Terms, (d) Communications below.
2. THE OFFER AND ELIGIBILITY CRITERIA.
(a) Application Timeline.
The Offer will be provided in accordance with the following timelines, which are subject to change:
September 1, 2022 - The Offer is announced on WeWork’s website located atwework.com/info/inclusion-cohort (the “Website”) and social media channels.
On or around September 1, 2022 to September 15, 2022 (the “Application Period”) - Individuals on behalf of their organizations that satisfy the Eligibility Criteria (defined below) may submit an application to participate in the Offer.
During the Application Period, Participants may register and submit their applications exclusively through our Website. In such applications, Participants must demonstrate they comply with all the Eligibility Criteria, and include any information deemed relevant for the Offer. This will be the sole method for submission by prospective Participants, except as otherwise required by WeWork. Each applicant shall be responsible for ensuring that the information and documentation provided to WeWork is true, complete and full. You shall be responsible for ensuring that the information and documentation provided to WeWork is true, complete and full. Applications that have been generated by a macro, bot or any other automated means will be deemed void. Participants may not participate in the Offer with multiple email addresses nor may participants use any other device or artifice to register multiple times or as multiple registrants.
(b) Eligibility Criteria.
The Offer is open exclusively to businesses that meet all of the following eligibility criteria (the “Eligibility Criteria”):
(i) the primary member on the account identifies as a person of color and/or holds leadership in a senior or greater capacity for the company or organization applying;
(ii) can demonstrate that part of their mission and operation is aimed at positively impacting their community or underserved communities of color;
(iii) that primarily works out of or serves the Boston, Charlotte, or Atlanta areas;
(iv) is not a current member of WeWork
We may modify the Eligibility Criteria at any time, without prior notice, with or without cause.
(c) Selection Process.
The selection of the Recipients shall be reviewed and evaluated by a committee comprised of 3 representatives from of WeWork, (the “Committee”) in accordance with the following timelines, which are subject to change:
On or around September 23 to September 30, 2022, the Committee shall review the applications and select 14 Applicants within the United States, in accordance with the terms herein.
Complete applications submitted via Google Form will be reviewed by the Committee and shall be evaluated based on the Eligibility Criteria above. without prior notice, with or without cause.
To that effect, and without any presumption of having been selected or pre-selected, the Committee may request additional information from the Participants, which must be supplied within three (3) business days after being requested. The Committee’s decisions are final and binding on the Participants. The Committee is not required to provide any advice, response or feedback to the Participants submitting requests in connection with the Offer.
From September 26 to October 3, 2022 (the “Signing Period”), WeWork shall announce the Recipients and notify them of the Benefit for which they were selected. Recipients shall receive information for the execution of the documents required by WeWork during the Signing Period. By executing such additional documents, you will be deemed to have accepted the Benefit. Failure to execute any documents necessary in accordance with these Terms & Conditions shall be deemed a forfeiture of such Benefit and the Committee can immediately select another Participant as Recipient.
(d) Benefit. In accordance with the terms herein, Recipients shall be awarded the following at no cost for a term of up to twelve (12) months (the “Benefit”):
Workspace: One WeWork All Access membership, for a twelve (12) month commitment term, subject to the terms below.
Community: Discussion circles led by WeWork employees and members who specialize in each focus area (e.g., Finance & Accounting, People Management, and more).
Connection: WeWork will facilitate at least one business connection with another WeWork member company based on your business needs and preferences and facilitated by your local Community Team.
The Benefit is personal to each Recipient and is non-transferable. The Benefit only includes the basic services provided by WeWork for such memberships (excluding additional services, such as parking, warehouses, etc.), and any additional services or costs are available to the Recipient at a cost.
Each WeWork All Access Membership shall be subject to the WeWork All Access Membership Terms and Conditions. You can learn more about WeWork All Access here. After the twelve (12) month free membership hereunder, Recipient’s WeWork All Access membership will automatically renew on a monthly basis, and the payment method on file will be automatically charged the applicable monthly rate on the first day of each month. To cancel the WeWork All Access monthly membership, Recipient must provide at least five (5) days’ notice prior to the last day of the calendar month in which Recipient intends to terminate (a) to Recipient’s WeWork member success contact or (b) by emailing us at email@example.com or, if applicable, through the tools we provide you to manage your WeWork All Access Membership (including the Account Central platform).
In no event does WeWork warrant to Recipients that the Benefit shall: (i) meet their requirements and expectations or (ii) be provided without interruption, error or setbacks.
(e) Validity of the Offer. This Offer shall be valid only for Participants who meet the Eligibility Criteria and whose main location or head office is in the United States where WeWork has at least one of its facilities. Neither the Offer nor the Benefit may be transferred or assigned by the Participant or the Recipients but either may be transferred or assigned by WeWork or its designated third parties. The Offer has no cash value and shall not be combined with other offers or promotions and cannot be applied to previous purchases. In connection with the Offer, Participants and Recipients agree (on behalf of themselves and their affiliates, members, employees, assigns, officers, agents and directors, customers and vendors) to (i) comply with all applicable federal, state and local laws and regulations of any country that relate to the Offer and use of the Service, (ii) comply with these Terms & Conditions and any other agreement between you and WeWork. WeWork may modify, suspend, or terminate the Offer, or the related Benefit (including modifying the scope of such Benefit or the facilities where such Benefit are to be provided), at any time, without prior notice, with or without cause. WeWork shall not be liable, and shall not be deemed to have breached or violated these Terms & Conditions, for any delay, interruption, termination or non-compliance resulting from, directly or indirectly, circumstances beyond WeWork’s control, including without limitation acts or orders from the government, unforeseeable circumstances or force majeure, epidemics or pandemics, or public health emergencies.
THE OFFER IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW IN THE COUNTRY IN WHICH THE ELIGIBLE PARTICIPANT IS BASED OR OPERATES OR WHERE OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.
(f) Non-compliance by Participants. In the event of any non-compliance by Participants or Recipients with these Terms & Conditions, including, but not limited to, the Participant’s or Recipient's obligation to provide WeWork with complete and accurate truthful information, any documentation required to verify that it complies with the terms of the Offer, or failure to maintain, together with its employees, directors, agents, officers, supplier and visitors, good conduct and reputation at all times (both in the operation of its business and inside and outside our facilities), WeWork shall have the right to immediately disqualify the application and, if applicable, terminate the Offer or Benefit, and the Participant or the Recipient shall be obliged to indemnify WeWork for any costs, expenses, damages or losses (both direct and indirect) caused by such non-compliance.
(g) Taxes. While there is no requirement to purchase the Benefit, Recipients may incur certain tax liabilities in connection with the redemption of such Benefit. Except to the extent prohibited by applicable law, the Recipients are responsible for any liability, including payment of the full cost and completion of any applicable paperwork, filing or registration, for all taxes (including, without limitation, federal, state and local taxes), if any, resulting from the Offer or Benefit. Before submitting the application, WeWork recommends that you consult with a qualified tax advisor. Notwithstanding the foregoing, the Recipients acknowledge that WeWork may deduct the amounts of taxes incurred in connection with the Offer or the Benefit.
3. LIMITATION OF LIABILITY; WAIVER OF CLAIMS; RELATIONSHIP OF THE PARTIES
(a) Limitation of Liability. The parties agree that in no event shall WeWork or any of its affiliates, assigns, officers, agents, employees, representatives and directors (the “WeWork Parties”) be liable for any indirect, special, incidental, consequential, verification or punitive damages (including damages, lost profits or business interruption) related to the Offer or the Benefit. You agree to hold WeWork and the WeWork Parties harmless from any damages, injuries, costs, expenses or claims that any third party related to you (including potential members, visitors, vendors, counterparties, your employees, among others) causes with respect to the Offer or the Benefit. You acknowledge and agree that you are participating in the Offer for the purpose of, and in the course of, your trade, business or profession, and not as a consumer.
(b) Waiver of Claims. To the extent permitted by law, you on behalf of yourself and your affiliates, members, employees, assignees, officers, agents and directors and potential members hereby waive (i) any right or claim you may have against WeWork or any of the WeWork Parties resulting from injury, damage or loss (to your person or property) that is, directly or indirectly, related to the Offer or, from time to time, the Benefit; and (ii) to bring any class action to resolve a dispute, including class actions as provided by law, i.e., any proceeding that may be brought to resolve or litigate a dispute in any forum shall be brought exclusively on an individual basis. No proceeding may be combined with any other proceeding without the written consent of every affected party of all affected proceedings. Each Participant or Recipient expressly agrees not to participate in claims brought in a private attorney general or representative capacity, or in consolidated claims involving another person, in case of being party to a proceeding. The act or omission of any party shall not be deemed a waiver by such party of any of its rights or remedies hereunder unless such waiver is in writing and signed by the party making the waiver.
(c) Relationship between WeWork, the Participants, the Recipients. Each of the participants, Recipients, and WeWork shall be deemed to be independent in the fulfillment of their obligations hereunder, and the participation and acceptance of the Offer and the Benefit, if applicable, does not create any representation, partnership, agency, association or employment relationship between any of the parties. In the event of acceptance of the Benefit listed in item (A) of the Benefit section, the Recipients acknowledge and agree that such portion of the Benefit shall be offered and provided, if at all, by WeWork and that in no event shall or any of WeWork Parties be responsible for the coordination, provision or scope of such services. Participants and Recipients shall refrain from making any claim for or in connection with the Offer or Benefit against any person other than WeWork (including but not limited to the WeWork Parties).
4. INTELLECTUAL PROPERTY; PRIVACY
(a) Publicity. Each Participant and Recipient expressly agrees and authorizes WeWork, including its affiliates and related third parties to use his/her name, statements, image (photograph or video), logo, brand, content provided or captured as part of the Recipient’s participation in the Offer, application information, among others, in any means and manner for promotional, business development, advertising, marketing and promotional purposes, including, without limitation on websites, social media platforms and press releases, or that are related to the Offer, initiative and/or its mission, a right granted in perpetuity, for use in any jurisdiction worldwide, without prior validation of the material, without any compensation and waiving any right of review or approval, notices or permission that may correspond to you and you agree to be reasonably available and cooperate in good faith with WeWork for such purposes. Each Participant and Recipient agrees that neither it (nor its affiliates, employees, assignees, officers, agents and directors and potential members) nor related third parties may take, copy or use for any purpose (a) the name “We”, “WeWork” or any of our other trade names, trademarks, service marks, logos, designs, copyrights, patents, trade secrets, distinctive trade images, documentation prepared for the Offer, marketing materials, other identifiers or other intellectual property (“Intellectual Property”); (b) any derivation, amendment or similar version thereof; or (c) any photograph or illustration of any part of the facilities, for any purpose, including competitive purposes, advertising, social media outreach. By submitting the application, you acknowledge that WeWork owns all rights, title and interest in and to its Intellectual Property and that you may not, directly or indirectly, interfere with or reject or otherwise confuse our rights.
5. ADDITIONAL TERMS
(a) Compliance With Law. By submitting your application, you represent and warrant that at all times during this Offer, you have executed, and shall execute, your operations in an ethical manner and in compliance with all applicable laws.
(b) Governing Law. These Terms & Conditions, the Offer and the matters contemplated hereby shall be governed by and construed under the law of the State of New York, U.S.A. and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
By participating in this Offer, you agree that any dispute or litigation arising from or relating to this Offer (other than the Services as stated below) 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, WeWork may seek equitable relief in any court of competent jurisdiction.
The Benefit shall be governed by the laws stated within the applicable agreements executed in connection with the provision of such services.
(c) Anti-Corruption and Anti-Money Laundering Laws. By submitting your application, you declare and warrant that, at all times, you, your employees, directors, officers, employees, agents, representatives and related third parties (including vendors, contractors and potential members) are and shall be in compliance with all applicable laws regarding: (i) public or commercial bribery, including without limitation the Foreign Corrupt Practices Act of 1977 and the U.K. Bribery Act 2010 (the “Anti-Corruption Laws”), (ii) money laundering, including without limitation the USA Patriot Act of 2001, the Bank Secrecy Act, and the regulations of the Office of Foreign Asset Control (the “Anti-Money Laundering Laws”), and (iii) economic sanctions control, trade control and export control laws and regulations (including those of the United States of America and those imposed by the European Union and any government or organization other than them). You declare and warrant that all funds to be used by you shall be obtained from lawful sources, under the provisions of both local law and any international law that may be applicable given the nature of the related transactions. Within up to four (4) days of being requested by us, you shall provide us with all information and documents that we may request from time to time to comply with all of the above laws, including allowing WeWork to share, verify and confirm your identity and business details in accordance with our internal policies. Any failure to comply with the foregoing, failure to report, proactively, relevant circumstances, failure to cooperate in this regard or misrepresentation in the information provided shall entitle WeWork to immediately disqualify the application and, if applicable, immediately terminate the use of the Benefit, and you shall indemnify WeWork for any costs, damages or losses (both direct and indirect) caused by such non-compliance.
(d) Communications. WeWork may send communications about the Offer and, if applicable to the email address included in each Participant’s application. Any notification made by email or sent by any means to the address of its head office shall be effective as of the first business day immediately following its submission, without any receipt confirmation or consent of the Participant or Recipient being required.
If you have any questions, doubts or comments regarding the Offer, please contact us at firstname.lastname@example.org.
To request the withdrawal of the application, to refuse the Benefit, if offered, or for any claim or legal notice related to the Offer, please contact us (a) electronically with “Inclusion & Diversity Cohort” in the subject line to email@example.com, firstname.lastname@example.org and email@example.com or (b) via mail at Attn: Inclusion & Diversity Cohort, c/o We Work Management LLC, 575 Lexington Avenue, 12th Floor, New York, NY 10022with copies to firstname.lastname@example.org, email@example.com and firstname.lastname@example.org.
(e)Severability. Each provision of the Offer, and any related documents, shall be deemed severable. To the extent that any provision herein is prohibited or otherwise limited, it shall be deemed amended to the minimum extent possible so that they shall remain valid and effective under applicable law.
(f)Entire Agreement. These Terms & Conditions are the final, exclusive and complete agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.